Opinion
A24D0231
02-13-2024
JAMES STEVENS v. ARCPE 1, LLC.
The Court of Appeals hereby passes the following order:
Based on the limited application materials, it appears that this case originated as a dispossessory proceeding in magistrate court. The magistrate court ruled in favor of James Stevens, and ARCPE 1, LLC appealed to superior court. On January 12, 2024, the superior court entered an order granting summary judgment to ARCPE 1 and ruling that ARCPE 1 was entitled to possession of the property. On January 26, 2024, Stevens filed this application for discretionary appeal. We, however, lack jurisdiction.
Although an application for discretionary review generally may be filed within thirty days of entry of the order sought to be appealed, see OCGA § 5-6-35 (d), appeals from judgments in dispossessory actions must be filed within seven days of the date the judgment was entered. See OCGA § 44-7-56 (b) (1); Court of Appeals Rule 31 (a); Radio Sandy Springs, Inc. v. Allen Road Joint Venture, 311 Ga.App. 334, 335- 336 (715 S.E.2d 752) (2011). The deadlines for filing applications for discretionary review are jurisdictional, and this Court cannot accept an application not made in compliance with the applicable deadline. See Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Stevens filed this application 14 days after entry of the order he wishes to appeal. The application is therefore untimely and is hereby DISMISSED for lack of jurisdiction.