Opinion
A23A1235
08-04-2023
CHEF MIKE'S JAMAICAN BAR AND GRILL LLC et al v. BEST PLAZA, LLC.
The Court of Appeals hereby passes the following order:
After the magistrate court granted a writ of possession in favor of Best Plaza, LLC ("Best Plaza") and against Chef Mike's Jamaican Bar and Grill LLC ("Chef Mike's") and Michael Williams ("Williams") (collectively, the "defendants"), the defendants appealed to state court. On January 10, 2023, the state court entered an order granting a writ of possession to Best Plaza, entering a default judgment against Chef Mike's, and dismissing Williams from the case. On January 13, 2023, the defendants filed a notice of appeal from that order, which was docketed as the instant appeal. The January 13 notice of appeal also included a motion for the state court to enter a writ of supersedeas, apparently seeking to stay dispossessory or eviction proceedings during the appeal. The defendants also filed an application for discretionary review of the January 10 order, which we denied. See Case No. A23D0221 (Feb. 8, 2023). The state court then denied the motion for supersedeas on March 2, 2023, and the defendants filed an amended notice of appeal on March 23, 2023. We lack jurisdiction.
Our previous denial of the defendants' application for discretionary appeal constitutes an adjudication on the merits, and the doctrine of res judicata bars this direct appeal. See Northwest Social &Civic Club, Inc. v. Franklin, 276 Ga. 859, 860 (583 S.E.2d 858) (2003); Hook v. Bergen, 286 Ga.App. 258, 260-261 (1) (649 S.E.2d 313) (2007). Additionally, to the extent that the defendants seek to appeal the denial of their motion for supersedeas, the appeal of the trial court's denial of their motion for supersedeas is moot. See Cobb County. v. Mable Oak Dev., LLC, 366 Ga.App. 561, 563 (2) (a) (883 S.E.2d 571) (2023) (if the thing sought to be enjoined or prevented through supersedeas takes place, the issue becomes moot on appeal). When the questions presented on appeal have become moot, the appeal is subject to dismissal. See OCGA § 5-6-48 (b) (3).
Accordingly, this appeal is hereby DISMISSED.