Full Opinion (html_with_citations)

Court of Appeals
of the State of Georgia

                                         ATLANTA,____________________
                                                  December 29, 2023

The Court of Appeals hereby passes the following order:

A24A0565. ABBEY LENDING, LLC v. MT. NEBO BAPTIST LIFE CENTER,
    INC.

      Abbey Lending, LLC filed a dispossessory action against Mt. Nebo Baptist Life
Center, Inc. (“Mt. Nebo”). The superior court granted Abbey Lending a default
judgment and writ of possession, and Mt. Nebo appealed to this Court.1 In the
superior court, Abbey Lending filed a motion to dismiss Mt. Nebo’s appeal under
OCGA § 5-6-42. The superior court denied the motion on August 29, 2023, and on
September 14, Abbey Lending filed a notice of appeal. We, however, lack jurisdiction.
      The underlying subject matter of an appeal controls in determining the proper
appellate procedure. See Rebich v. Miles,
264 Ga. 467, 467-468
 (
448 SE2d 192
) (1994).
Under OCGA § 44-7-56, an appeal from any judgment by the trial court in a
dispossessory proceeding must be filed within seven days of the date the judgment was
entered. See Radio Sandy Springs, Inc. v. Allen Road Joint Venture,
311 Ga. App. 334, 335-336
 (
715 SE2d 752
) (2011); Ray M. Wright, Inc. v. Jones,
239 Ga. App. 521, 522-523
 (
521 SE2d 456
) (1999).The proper and timely filing of a notice of appeal is an
absolute requirement to confer jurisdiction on this Court. Jones, 239




      1
          See Case No. A24A0291 (docketed Sept. 12, 2023).
Ga. App. at 523. Abbey Lending filed its notice of appeal 16 days after the issuance of
the court’s order. Accordingly, this appeal is untimely and is hereby DISMISSED.

                                        Court of Appeals of the State of Georgia
                                               Clerk’s Office, Atlanta,____________________
                                                                         12/29/2023
                                                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.