Dennis Tyrones v. Mark A. C. Robinson, as Temporary Administrator of the Estate of Viola Tyrones ( 2019 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    December 20, 2019
    The Court of Appeals hereby passes the following order:
    A20D0185, A20D0197. DENNIS TYRONES v. MARK A. C. ROBINSON, AS
    TEMPORARY ADMINISTRATOR OF THE ESTATE OF VIOLA
    TYRONES.
    On October 22, 2019, after issuing a writ of possession in this dispossessory
    action, the trial court entered an order awarding $40,000 in OCGA § 9-15-14 attorney
    fees to Mark A. C. Robinson, Temporary Administrator of the Estate of Viola
    Tyrones. Dennis Tyrones then filed an application for discretionary appeal on
    November 21, 2019. Case No. A20D0185. The trial court also entered an order
    denying Dennis Tyrones’s motion to vacate the denial of his motion for new trial on
    November 1, 2019. Dennis Tyrones filed an application for discretionary appeal from
    that order on December 2, 2019. Case No. A20D0197.               We, however, lack
    jurisdiction in both cases.
    Ordinarily, 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). The underlying
    subject matter of an appeal, however, controls over the relief sought in determining
    the proper appellate procedure. Singh v. Sterling United, Inc., 
    326 Ga. App. 504
    ,
    506-507 (1) (756 SE2d 728) (2014). Thus, where “the action began and continued
    as a dispossessory action,” an appeal from any judgment in the action is required to
    be filed within seven days pursuant to OCGA § 44-7-56. Radio Sandy Springs, Inc.
    v. Allen Road Joint Venture, 
    311 Ga. App. 334
    , 335 (715 SE2d 752) (2011) (although
    the issue of possession had been resolved, the notice of appeal from the trial court’s
    order awarding past due rent was required to be filed within seven days because the
    case retained its character as a dispossessory action); see also Ray M. Wright, Inc. v.
    Jones, 
    239 Ga. App. 521
    , 522 (521 SE2d 456) (1999) (appeal from order confirming
    arbitration award in dispossessory proceeding was required to be filed within seven
    days).
    This case began and continued as a dispossessory action, with the trial court
    ultimately entering a writ of possession against Dennis Tyrones and an order for
    attorney fees.1 Therefore, Dennis Tyrones was required to file his applications within
    seven days of the date the orders were entered. See OCGA § 44-7-56. 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 SE2d 57) (1989).
    Because both of these applications were filed more than seven days after the
    entry of the orders sought to be appealed, they are untimely. Accordingly, these
    applications are DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    12/20/2019
    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.
    1
    In his applications, Dennis Tyrones acknowledges that this case began as a
    dispossessory action, but asserts it did not remain a dispossessory action after Viola
    Tyrones died and the conservatorship ended. However, he has not provided an
    explanation or any relevant legal authority to support that position.
    

Document Info

Docket Number: A20D0197

Filed Date: 12/24/2019

Precedential Status: Precedential

Modified Date: 12/24/2019