Pat P. Caudell v. Hank York ( 2018 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
February 05, 2018
The Court of Appeals hereby passes the following order:
A18A0719. PAT P. CAUDELL v. HANK YORK et al.
Pat P. Caudell commenced dispossessory proceedings against Hank and
Melissa York in magistrate court. After the Yorks counterclaimed, the trial court
transferred the matter to superior court. Following a bench trial, the trial court denied
Caudell’s petition, and the Yorks voluntarily dismissed their counterclaims. Caudell
filed a motion for new trial, which the trial court denied on August 4, 2017. On
September 5, 2017, Caudell filed a notice of appeal. We, however, lack jurisdiction.
Generally, a notice of appeal must be filed within 30 days of entry of the
decision or judgment sought to be appealed. OCGA § 5-6-38 (a). The underlying
subject matter of an appeal, however, controls over the relief sought in determining
the proper appellate procedure. Rebich v. Miles, 264 Ga. 467, 467-468 (448 SE2d
192) (1994). The underlying subject matter here is a dispossessory judgment. Under
OCGA § 44-7-56, an 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, 522-523 (521 SE2d 456) (1999). Because Caudell failed to follow the
requirement of OCGA § 44-7-56 that an appeal in a dispossessory proceeding be filed
within seven days of the entry of judgment, this appeal is DISMISSED.
The Yorks’ motion for sanctions for the filing of a frivolous appeal is
DENIED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/05/2018
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.