Radio Sandy Springs, Inc. v. Allen Road Joint Venture
311 Ga. App. 334
Ga. Ct. App.2011Background
- RSS, a tenant, faced a dispossessory action against Allen Road Joint Venture in Fulton County.
- Trial court granted summary judgment to landlord and awarded past due rent, holdover rent, interest, late charges, attorney fees, and costs.
- Trial court entered its order on April 29, 2010; RSS filed a notice of appeal on May 27, 2010.
- Allen Road argued RSS failed to file the appeal within seven days as required by OCGA § 44-7-56.
- Court held the dispute remained a dispossessory action and RSS’s notice of appeal was untimely; the court lacks jurisdiction and dismisses the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RSS timely filed the appeal under OCGA § 44-7-56 | RSS contends timely filing within seven days is met. | Allen Road asserts untimely filing under seven-day rule. | Untimely; court lacks jurisdiction and dismisses. |
Key Cases Cited
- Ray M. Wright, Inc. v. Jones, 239 Ga.App. 521, 521 S.E.2d 456 (1999) (underlying dispossessory action controls appellate procedure)
- America Net, Inc. v. U.S. Cover, Inc., 243 Ga.App. 204, 532 S.E.2d 756 (2000) (seven-day limit generally applies; differs when dispossessory converts to contract action)
- Hardrick v. Morgan, 240 Ga.App. 155, 522 S.E.2d 742 (1999) (notice of appeal filing is an absolute requirement to confer jurisdiction)
- Lewis v. Countrywide Funding Corp., 225 Ga.App. 440, 484 S.E.2d 66 (1997) (jurisdictional requirements for appeal in dispossessory context)