Opinion
A22D0313
04-19-2022
CEDRIC WILLIAMS et al. v. EDNA C. HARRIS et al.
The Court of Appeals hereby passes the following order:
Cedric Williams and Kim Davis ("Applicants") wish to appeal the trial court's March 14, 2022 grant of Edna C. Harris's "Complaint for Ejectment and Dispossession under OCGA § 44-7-50," contending that the trial court erred by finding that they had breached the terms of their lease agreement with Harris. Applicants filed a motion for reconsideration, which the trial court denied on March 23, 2022. Thereafter, Applicants filed the current application for discretionary appeal on March 27, 2022.
Generally, an application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). But the underlying subject matter of an appeal controls over the relief sought in determining the proper appellate procedure. Rebich v. Miles, 264 Ga. 467, 467-468 (448 S.E.2d 192) (1994). The underlying subject matter here is a dispossessory action. OCGA § 44-7-56 provides that "any" appeal from a dispossessory judgment must be filed within seven days of the date the judgment was entered. Ray M. Wright, Inc. v. Jones, 239 Ga.App. 521, 522 (521 S.E.2d 456) (1999); see also Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga.App. 334 (715 S.E.2d 752) (2011). In addition, the denial of a motion for reconsideration is not subject to appeal, and the filing of such a motion does not extend the time for filing an appeal. See Luster v. Bank of America, N.A., 331 Ga.App. 510, 512 (769 S.E.2d 394) (2015).
Because this application was filed thirteen days after the trial court's order was entered, it is untimely. "The filing deadline is jurisdictional, and this [C]ourt is unable to accept an untimely application." In the Interest of B. R. F., 338 Ga.App. 762, 762 (791 S.E.2d 859) (2016).
Accordingly, this application for discretionary appeal is hereby DISMISSED.