Geoffery S. Robinson v. Suntrust Bank
A18D0555
Ga. Ct. App.Aug 13, 2018Background
- Dispossessory action in magistrate court; defendants (Geoffery/Geoffrey S. Robinson et al.) lost and appealed to superior court.
- Superior court granted plaintiff SunTrust Bank’s motion for summary judgment on March 18, 2018.
- Defendants filed a motion in superior court for an extension of time to seek appellate review 12 days after the March 18 order; the superior court denied that motion on July 2, 2018.
- On July 16, 2018, defendants filed a single document in the Court of Appeals seeking (1) an extension of time to apply for discretionary review of the March 18 order and (2) discretionary review of the March 18 and July 2 orders.
- The Court of Appeals found the requests untimely under statutory deadlines for dispossessory appeals and therefore denied the extension request and dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court of Appeals may grant an extension for filing an application for discretionary review beyond the statutory period | Extension requests must comply with OCGA § 5-6-39 and be timely | Requested extension filed 120 days after March 18 order; defendants argued they learned of orders late | Denied: extension request untimely; must be made before the expiration of the filing period |
| Whether the defendants’ application for discretionary review of the March 18 superior court order was timely | Application must meet the dispossessory appeal deadline (seven days) | Filed 120 days after the order; argued delayed notice of entry | Dismissed for lack of jurisdiction: untimely under OCGA § 44-7-56 and related authority |
| Whether the defendants’ application for discretionary review of the July 2 superior court order was timely | Same timeliness rules apply | Filed 15 days after July 2 order; argued late notice | Dismissed as untimely under dispossessory appeal deadlines |
| Appropriate remedy if superior court error prevented timely appeal | Appellate courts may consider extensions only within statutory limits | If superior court error frustrated appeal, relief lies in superior court via vacatur/re-entry per Cambron | Court advised remedy is to petition the superior court to vacate and re-enter the order(s) per Cambron |
Key Cases Cited
- Gable v. State, 290 Ga. 81 (extension requests must be timely under OCGA § 5-6-39)
- Radio Sandy Springs, Inc. v. Allen Road Joint Venture, 311 Ga. App. 334 (dispossessory appeals are subject to a seven-day filing deadline)
- Boyle v. State, 190 Ga. App. 734 (deadlines for filing applications are jurisdictional)
- Cambron v. Canal Ins. Co., 246 Ga. 147 (remedy for appellate-timing problems caused by trial-court error is vacatur and re-entry)