Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 27, 2016
The Court of Appeals hereby passes the following order:
A16D0322. ANNERESE ASHFORD et al. v. WILMINGTON SAVINGS FUND
SOCIETY FSB.
In this dispossessory appeal to superior court, defendants Annarese and Karon
Ashford filed a motion for a continuance and a motion to dismiss. Plaintiff
Wilmington Savings Fund Society FSB filed a motion to compel payment of rent into
the registry of the court. On March 17, 2016, the superior court denied the
defendants’ motions and granted the plaintiff’s motion. On April 1, 2016, the
plaintiffs filed this application for discretionary appeal. We lack jurisdiction.
Generally, an application for discretionary appeal must be filed within 30 days
of entry of the order sought to be appealed. See OCGA § 5-6-35 (d). But the
underlying subject matter of an appeal controls over the relief sought in determining
the proper appellate procedure. See 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, 522 (521 SE2d 456) (1999). Here,
the application was not filed until 15 days after entry of this order. Accordingly, this
application is untimely, and it is hereby DISMISSED.
Court of Appeals of the State of Georgia
04/27/2016
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.