Shirley Strawberry v. Vistaray USA, Inc.

Summary

The Georgia Court of Appeals dismissed Shirley Strawberry’s appeal from a superior court judgment in a dispossessory proceeding. The court held that Strawberry was required to pursue discretionary review and, alternatively, that her appeal was untimely because it was filed more than seven days after the relevant judgment and writ of possession.

Holdings

1. An appeal from a superior court decision reviewing a lower-court decision by certiorari or de novo proceedings must be initiated by an application for discretionary appeal. Because Strawberry filed only a notice of appeal, the Court of Appeals lacked jurisdiction.
2. An appeal in a dispossessory action must be filed within seven days after entry of the judgment. Strawberry's notice of appeal, filed 34 days after the August 6 judgment and 22 days after the August 18 writ of possession, was untimely, independently depriving the Court of Appeals of jurisdiction.

Questions Presented

1. Whether the appeal was properly initiated by a notice of appeal or instead required an application for discretionary appeal under OCGA § 5-6-35.
2. Whether the appeal was timely under the seven-day deadline applicable to appeals in dispossessory actions.
3. Whether Vistaray's motions to dismiss based on nonpayment of rent and failure to preserve an issue should be considered after the court determined that it lacked jurisdiction.

Disposition

dismissed