Georgia Court of Appeals, 2012

Evelyne Legerme v. Federal National Mortgage Association

Evelyne Legerme v. Federal National Mortgage Association
Georgia Court of Appeals · Decided July 25, 2012

Evelyne Legerme v. Federal National Mortgage Association

Opinion

Court of Appeals of the State of Georgia ATLANTA,_________________ July 25, 2012 The Court of Appeals hereby passes the following order: A12A2241. EVELYN LEGERNE v. FEDERAL NATIONAL MORTGAGE ASSOCIATION.

This case originated as a dispossessory proceeding in magistrate court.

Following an adverse ruling, Evelyn Legerne appealed the magistrate court’s decision to the superior court. Federal National Mortgage Association filed a motion to dismiss the appeal, which the trial court granted on June 18, 2012. Legerne then filed this direct appeal. We lack jurisdiction.

When a superior court order involves a de novo appeal from a magistrate court ruling, an appellant is required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Legerne’s failure to adhere to the discretionary appeal procedure deprives us of jurisdiction. Additionally, the appeal is untimely. An appeal in a dispossessory action must be filed within seven days after entry of the order at issue. OCGA § 44-7- 56; Ray M. Wright, Inc. v. Jones, 239 Ga. App. 521 (521 SE2d 456) (1999). Legerne filed her notice of appeal 8 days after entry of the superior court’s order. This appeal is therefore DISMISSED.

Court of Appeals of the State of Georgia 07/25/2012 Clerk’s Office, Atlanta,_________________ 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.

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