Full Opinion (html_with_citations)

Court of Appeals
of the State of Georgia

                                       ATLANTA,____________________
                                                December 18, 2023

The Court of Appeals hereby passes the following order:

A24D0166. JUSTINE HELEN SLATER v. LOCAL EVICTIONS LLC.

      In this dispossessory proceeding, the magistrate court granted a writ of
possession to the plaintiff. Justine Helen Slater, the defendant, then filed an
application for discretionary review in this Court, seeking to appeal the magistrate
court’s order. Because jurisdiction did not lie in this Court, we transferred Slater’s
application to superior court. See Case No. A24D0057 (Sept. 28, 2023). The superior
court treated Slater’s filing as a petition for review, which it dismissed on November
7, 2023. Slater filed this application for discretionary review in this Court on
November 20, seeking review of the superior court’s order. We, however, lack
jurisdiction.
      An application for discretionary appeal generally must be filed within 30 days
of entry of the order sought to be appealed. See OCGA § 5-6-35 (d). The underlying
subject matter, however, controls over the relief sought in determining the proper
appellate procedure. Radio Sandy Springs v. Allen Road Joint Venture,
311 Ga. App. 334, 335
 (
715 SE2d 752
) (2011). Under OCGA § 44-7-56, appeals in dispossessory
actions must be filed within seven days of the date the order was entered. See Ray M.
Wright, Inc. v. Jones,
239 Ga. App. 521, 522-523
 (
521 SE2d 456
) (1999). Here, Slater
filed this application 13 days after the entry of the November 7 order. We thus lack
jurisdiction to consider this application, which is hereby DISMISSED. See Ray M.
Wright, Inc.,
239 Ga. App. 522
-523.

                                      Court of Appeals of the State of Georgia
                                             Clerk’s Office, Atlanta,____________________
                                                                       12/18/2023
                                             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.