Stephen H. Foster v. Victor Warren Properties, Inc.

Summary

The Georgia Court of Appeals dismissed Foster’s appeal from a post-foreclosure writ of possession because the notice of appeal was filed 32 days after the superior court’s judgment. Under OCGA § 44-7-56(b)(1), such a notice must be filed within seven days of entry of judgment.

Holdings

1. The Court of Appeals lacked jurisdiction because Foster filed his notice of appeal 32 days after entry of the superior court's judgment, exceeding the seven-day deadline applicable to dispossessory actions.

Questions Presented

1. Whether the Court of Appeals had jurisdiction over Foster's appeal when the notice of appeal was filed 32 days after entry of the superior court's judgment in a dispossessory action.

Disposition

dismissed