Opinion
A24A1474
05-24-2024
PTAV, INC. v. RALPH + RITA VENTURE, LLC.
The Court of Appeals hereby passes the following order:
On April 4, 2024, the superior court issued an order dismissing as untimely defendant PTAV, Inc.'s appeal from a magistrate court judgment in this dispossessory proceeding. PTAV then filed both a timely application for discretionary review and, on April 15, 2024, a notice of appeal. We denied PTAV's discretionary application on the merits. See PTAV, Inc. d/b/a "Red Martini" v. Ralph + Rita Venture, LLC, Case No. A24D0311 (May 9, 2024). The direct appeal has been docketed as the current case, no. A24A1474. We lack jurisdiction for two reasons.
First, this appeal is untimely. 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 of the date the judgment was entered. See OCGA § 44-7-56 (b) (1); Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga.App. 334, 335-336 (715 S.E.2d 752) (2011). PTAV's April 15 notice of appeal was untimely filed 11 days after the April 4 judgment it seeks to appeal.
Second, because we rejected PTAV's challenges to the April 4 judgment in Case No. A24D0311, the current appeal is barred by the law of the case. See Ross v. State, 310 Ga.App. 326, 327 (713 S.E.2d 438) (2011) ("[A]ny issue that was raised and resolved in an earlier appeal is the law of the case and is binding on this Court ....") (citation and punctuation omitted); accord Hook v. Bergen, 286 Ga.App. 258, 261 (1) (649 S.E.2d 313) (2007) (a ruling on an application for discretionary appeal acts as res judicata in later proceedings); see also Jackson v. State, 273 Ga. 320, 320 (540 S.E.2d 612) (2001) (a party "is not entitled to another bite at the apple by way of a second appeal"). For the above reasons, this appeal is hereby DISMISSED for lack of jurisdiction.