Damian Whitaker v. Public Storage ( 2023 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
December 04, 2023
The Court of Appeals hereby passes the following order:
A24E0035. WHITAKER v. PUBLIC STORAGE.
Damian Whitaker has filed an emergency motion to extend the time to file an
application for discretionary appeal of a Fulton County State Court order granting
summary judgment to Public Storage as to his counterclaim in Public Storage’s
dispossessory action against him.
Pursuant to Court of Appeals Rule 31, “[a]n application for discretionary
appeal must generally be filed in this Court within 30 days of the date of the entry of
the trial court’s order being appealed. . . .” “Any application . . . for an extension must
be made before expiration of the period for filing as originally prescribed or as
extended by a permissible previous order.”1
Here, the order granting summary judgment to Public Storage on Whitaker’s
counterclaims was entered on October 31, 2023. Because the 30-day period for filing
1
OCGA § 5-6-39 (d).
a notice of appeal or motion for discretionary application has expired, any application
Whitaker might file would be untimely.2 Accordingly, Whitaker’s emergency motion
is hereby denied.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
12/04/2023
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.
2
See OCGA §§ 5-3-38 (a) (providing that a notice of appeal “shall be filed
within 30 days after entry of the appealable decision or judgment complained of”);
9-11-56 (h) (“An order granting summary judgment on any issue or as to any party
shall be subject to review by appeal.”); 5-6-34 (a) (1) (authorizing direct appeals from
final judgments of the trial court, except as provided in OCGA § 5-6-35).