DARRELL ELLISON v. CI GROWTH 212, LLC

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 29, 2024

The Court of Appeals hereby passes the following order: A24A1300. DARRELL ELLISON et al. v. CI GROWTH 212, LLC.

After the plaintiff filed a complaint in this dispossessory action, the defendants answered and asserted counterclaims for trespass and attorney fees. On March 6, 2024, the trial court entered a judgment in which it denied the plaintiff’s request for a writ of possession but awarded the plaintiff a monetary judgment. The record contains no indication that the trial court has adjudicated the defendants’ counterclaims. The defendants filed a notice of appeal on March 15, 2024. We lack jurisdiction for two reasons. First, because the defendants’ counterclaims have not been adjudicated, the trial court’s March 6 judgment is a non-final order that did not resolve all issues in this case. See Rivera v. Housing Auth. of Fulton County, 163 Ga. App. 648, 648 (295 SE2d 336) (1982). Consequently, the defendants were required to use the interlocutory appeal procedures — including obtaining a certificate of immediate review from the trial court — to appeal the March 6 judgment. See OCGA § 5-6-34 (b); Bailey v. Bailey, 266 Ga. 832, 832-833 (471 SE2d 213) (1996); Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587, 588-589 (1) (408 SE2d 103) (1991). Their failure to do so deprives us of jurisdiction over this direct appeal. See Bailey, 266 Ga. at 833. Second, even if a direct appeal were proper in this case, this appeal is untimely. While a notice of appeal generally may be filed within 30 days of entry of the order sought to be appealed, appeals in dispossessory actions must be filed within 7 days of the date the judgment was entered. See OCGA § 44-7-56 (b) (1); Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga. App. 334, 335-336 (715 SE2d 752) (2011). The

defendants’ March 15 notice of appeal was untimely filed 9 days after entry of the judgment they seek to appeal. For the above reasons, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/29/2024 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.