Opinion
A22A1255
05-03-2022
ARIENNE BATTISTE RICHARDS et al. v. KEVIN M. WATKINS.
The Court of Appeals hereby passes the following order:
This appeal arises out of a dispossessory action filed by Kevin M. Watkins against Arienne Battiste Richards and Annie Battiste ("Tenants"). Claiming they had an interest in the property in question, the Tenants filed a counterclaim against Watkins and a notice of lis pendens as to the property. After all claims were resolved against the Tenants, the trial court issued an order canceling the notice of lis pendens. The Tenants appealed that order, but their appeal was dismissed after they failed to file a brief. Case No. A22A0036 (dismissed February 7, 2022). Following remittitur, the trial court entered an order dismissing the Tenants' notice of appeal. The Tenants then filed the current appeal from the trial court's order.
This Court's order dismissing the Tenants' original appeal from the order canceling the notice of lis pendens operated to affirm the judgment of the trial court. Williams v. State, 335 Ga.App. 468, 469 (1) (781 S.E.2d 791) (2016). See also Aetna Casualty & Surety Co. v. Bullington, 227 Ga. 485, 485 (2) (181 S.E.2d 495) (1971). And "it matters not that the dismissal of [the Tenants'] previous appeal did not reach the merits of [their] claim because the dismissal, nevertheless, constitutes binding law of the case." Ross v. State, 310 Ga.App. 326, 327 (713 S.E.2d 438) (2011). Given that the Tenants are not entitled to a second opportunity to appeal the order canceling the notice of lis pendens, this appeal is hereby DISMISSED.