Opinion
A22A0275
09-21-2021
CAROLINE MORA A/K/A CHERRY MORA v. BRICKSTONE PROPERTIES, LLC.
The Court of Appeals hereby passes the following order:
This action originated in magistrate court with Brickstone Properties LLC's filing of a dispossessory case against Cherry Mora. The magistrate court granted Brickstone a writ of possession, and Mora appealed to superior court. Two months later, Mora filed a separate civil action against several defendants, including Brickstone, asserting various claims related to the foreclosure of her property. The two cases were consolidated, and Brickstone and the other defendants filed motions for summary judgment on the claims asserted in Mora's complaint. The trial court granted summary judgment to the defendants as to all claims except the wrongful foreclosure claim for money damages against Mora's loan servicer. We affirmed the trial court's judgment in an unpublished opinion. See Case A20A0166 (decided Apr. 27, 2020).
On April 16, 2021, the superior court entered its final order in the case granting Brickstone a writ of possession and ordering the disbursement of the funds held in the registry of the court to the appropriate parties. Mora filed a notice of appeal on June 30, 2021. We, however, lack jurisdiction.
While a notice of appeal generally may be filed within 30 days of entry of the order sought to be appealed, appeals in dispossessory actions must be filed within 7 days after entry of the order at issue. See OCGA § 44-7-56; Radio Sandy Springs, Inc. v. Allen Road Joint Venture, 311 Ga.App. 334, 335-336 (715 S.E.2d 752) (2011). Mora's notice of appeal was filed 75 days after the entry of the order on appeal. Consequently, whether we proceed under the general rule or that governing appeals from dispossessory proceedings, Mora's appeal is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.