Appeal of Dispossessory Must Be Filed in Seven Days

In order to appeal a ruling in a dispossessory proceeding or eviction the tenant must file the notice of appeal in seven (7) days. This was the holding in a recent case decided by the Georgia Court of Appeals on July 29, 2011. In the opinion in Radio Sandy Springs, Inc. v. Allen Road Joint Venture, Appeal Case No. A11A1453, the court construed O.C.G.A. § 44-7-56 and held as follows:

“The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.”¹³ Under OCGA § 44–7–56, RSS was required to file its notice of appeal within seven days of the entry of the court's order. Because RSS's notice of appeal was filed more than seven days after the judgment was entered, it was untimely, and this Court lacks jurisdiction to consider the appeal.

Radio Sandy Springs, Inc., Appeal Case No. A11A1453 (Slip. Op., Ga. App., July 29, 2011).

The significance of this case is that a tenant must be aware that if the tenant is unhappy with any part of the ruling in an eviction proceeding, the tenant cannot wait to file an appeal. Appeals must be pursued promptly or they will be dismissed.