Cornelia G Moore v. Local Homes, LLC - Discretionary Application Dismissed
Summary
The Georgia Court of Appeals dismissed a discretionary application filed by Cornelia G. Moore and Francis Moore in their dispossessory action against Local Homes, LLC. The application was dismissed because it was filed eight days after the superior court's order, exceeding the seven-day jurisdictional deadline for such appeals in dispossessory actions.
What changed
The Georgia Court of Appeals has dismissed a discretionary application filed by Cornelia G. Moore and Francis Moore in the case of Local Homes, LLC v. Moore. The application sought review of a superior court order affirming a default judgment and writ of possession in a dispossessory action. The court found that the application was filed eight days after the superior court's order, which is untimely as appeals in dispossessory actions must be filed within seven days of the judgment.
This dismissal highlights the critical importance of adhering to strict jurisdictional deadlines in appellate proceedings, particularly in dispossessory actions. Parties seeking discretionary review must ensure their applications are filed within the statutorily mandated seven-day period. Failure to do so will result in dismissal for lack of jurisdiction, as demonstrated in this case, leaving the lower court's decision in full effect.
What to do next
- Review internal procedures for tracking appellate filing deadlines in dispossessory actions.
- Ensure all appeals are filed within the seven-day jurisdictional period as mandated by OCGA § 44-7-56(b)(1).
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March 27, 2026 Get Citation Alerts Download PDF Add Note
CORNELIA G MOORE v. LOCAL HOMES, LLC
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26D0386
Disposition: Discretionary Application Dismissed
Disposition
Discretionary Application Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 27, 2026
The Court of Appeals hereby passes the following order:
A26D0386. CORNELIA G. MOORE et al v. LOCAL HOMES, LLC.
Local Homes, LLC filed in magistrate court a dispossessory action against
Cornelia Moore and Francis Moore (“Defendants”). After the magistrate court
entered a default judgment awarding possession of the property to Local Homes and
issued a writ of possession, Defendants filed a petition for review to superior court.
Following a hearing, the superior court entered an order on February 23, 2026,
affirming the default judgment and writ of possession and ordering Defendants to pay
rent pending any appeal. On March 3, 2026, Defendants filed this application for
discretionary appeal seeking review of the superior court’s February 23 order and all
previous orders. We, however, lack jurisdiction.
Appeals in dispossessory actions, including applications for discretionary
review, must be filed within seven days of the date the judgment was entered. See
OCGA § 44-7-56(b)(1); Stubbs v. Local Homes, LLC, 375 Ga. App. 513, 516–17 (915
SE2d 91) (2025). The deadlines for filing applications for discretionary review are
jurisdictional, and this Court cannot accept an application not made in compliance
with the applicable deadline. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57)
(1989). Because Defendants filed this application eight days after entry of the superior
court’s order, it is untimely and is therefore DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/27/2026
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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