Opinion
A24A1360
08-29-2024
VIRGIL HARRIS v. PINE TREE CONDOMINIUM ASSOCIATION, INC.
The Court of Appeals hereby passes the following order:
Pine Tree Condominium Association, Inc., filed a complaint for dispossessory against Virgil Harris in Fulton County State Court. On March 13, 2024, the state court entered a final order and writ of possession in favor of Pine Tree. Harris then filed this appeal. Pine Tree has now filed a "Suggestion of Bankruptcy" asserting that because it has filed a Chapter 11 bankruptcy petition, "this action is automatically stayed [under] 11 USC § 362 (a)."
The appellate courts of Georgia are constitutionally required to dispose of every case at the term of court for which it is entered on the court's dockets for hearing or at the next term of court.Consequently, this Court does not have the power to stay a case. We therefore REMAND this case to the trial court until the stay of proceedings is lifted. At that time, Harris may re-institute his appeal by filing a new notice of appeal in the trial court within seven days of the date of the entry of the order in the bankruptcy court lifting the stay.
See 1983 Ga. Const., Art. VI, Sec. IX, Para. II.
See Boardman v. Brenninkmeijer, 328 Ga.App. 882 (763 S.E.2d 267) (2014).
See OCGA § 44-7-56; DCA Architects v. American Bldg. Consultants, 203 Ga.App. 598, 598-600 (1) (417 S.E.2d 386) (1992).