LESHON STEWARD v. U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE FOR LSF9 MASTER ( 2023 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
November 28, 2023
The Court of Appeals hereby passes the following order:
A24A0265. LESHON STEWART v. U. S. BANK TRUST NATIONAL
ASSOCIATION, AS TRUSTEE FOR LS49 MASTER et al
In 2022, U. S. Bank Trust National Association, as Trustee for LS49 Master
Trust, and Fay Servicing, LLC (collectively, “Mortgagees”) began non-judicial
foreclosure proceedings on a parcel of real property located in Decatur. Before the
sale occurred, Leshon Stewart filed the current action against the Mortgagees and the
law firm representing them, asserting several claims related to the attempted
foreclosure. The Mortgagees and the law firm each moved to dismiss the complaint
for failure to state a claim or, in the alternative, for a more definite statement.
Following a hearing, the trial court entered an order dismissing Stewart’s claims
against all defendants. Stewart then filed this direct appeal. We lack jurisdiction.
“The proper and timely filing of a notice of appeal is an absolute requirement
to confer jurisdiction upon an appellate court.” Perlman v. Perlman, 318 Ga. App.
731, 739 (4) (734 SE2d 560) (2012) (punctuation omitted). And to be timely, a notice
of appeal must be filed within 30 days following entry of the judgment or trial court
order sought to be appealed. OCGA § 5-6-38 (a). Here, the trial court entered the
order of dismissal on July 6, 2023, and therefore Stewart was required to file her
notice of appeal no later than Monday, August 7. Stewart, however, did not file her
notice of appeal until August 8.
Accordingly, we lack jurisdiction to consider this appeal, which is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
11/28/2023
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.