Court of Appeals of the State of Georgia ATLANTA,__________________ June 17, 2013 The Court of Appeals hereby passes the following order: A13D0389. DAVID SHANYFELT v. WACHOVIA MORTGAGE CORPORATION.

On March 11, 2013, the superior court entered an order granting a writ of possession to Wachovia Mortgage Corporation in this dispossessory action. Twenty- one days later, on April 1, 2013, David Shanyfelt filed this application for discretionary appeal, seeking review of that order.1 We, however, lack jurisdiction.

Generally, an application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). But the underlying subject matter of an appeal controls over the relief sought in determining the proper appellate procedure. Rebich v. Miles, 264 Ga. 467, 467-468 (448 SE2d 192) (1994).

OCGA § 44-7-56 provides that an appeal from any dispossessory judgment must be filed within seven days of the date the judgment was entered. See Ray M. Wright, Inc. v. Jones, 239 Ga. App. 521 (521 SE2d 456) (1999). Because OCGA § 44-7-56 requires a judgment in a dispossessory action to be appealed within seven days of the entry of the final judgment, this application is untimely. Accordingly, it is hereby DISMISSED.

Shanyfelt filed his application in the Supreme Court, which transferred the matter here.

Court of Appeals of the State of Georgia 06/17/2013 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.