Mulbah v. KL Capital - Dispossessory Action Appeal Dismissed

GA Court of Appeals Opinions

Filed April 2nd, 2026

Detected April 2nd, 2026

Summary

The Georgia Court of Appeals dismissed a discretionary application in Percival Mulbah et al v. KL Capital, LLC as untimely. The applicants filed their appeal 25 days after the superior court's order, exceeding the 7-day filing deadline for dispossessory actions under OCGA § 44-7-56(b)(1). The court held that motions for reconsideration do not toll the appeal deadline.

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What changed

The Court of Appeals of Georgia dismissed the applicants' discretionary review application in this landlord-tenant dispossessory action. The Mulbahs challenged a judgment favoring KL Capital, LLC obtained in magistrate court, but their petition for review was dismissed by the superior court on February 12, 2026. Following denial of reconsideration on March 4, 2026, they filed the instant application on March 9, 2026—25 days after the superior court's order. The court held that appeals in dispossessory actions, including discretionary applications, must be filed within seven days per OCGA § 44-7-56(b)(1), and that reconsideration motions do not toll this jurisdictional deadline.

This dismissal has no practical implications for the regulated community as it involves a procedural defect specific to the parties. Landlords and tenants in Georgia should note that the 7-day deadline for seeking appellate review in dispossessory actions is strictly jurisdictional and cannot be extended by motions for reconsideration. Legal practitioners handling similar eviction matters should ensure compliance with this tight timeline to preserve appellate rights.

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April 2, 2026 Get Citation Alerts Download PDF Add Note

Percival Mulbah v. Kl Capital, LLC

Court of Appeals of Georgia

Citations: None known
Docket Number: A26D0401
Disposition: Discretionary Application Dismissed
Opinion
Authorities (4)
Cited By (0)
Summaries (0)
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Disposition

Discretionary Application Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 02, 2026

The Court of Appeals hereby passes the following order:

A26D0401. PERCIVAL MULBAH et al v. KL CAPITAL, LLC.

In this dispossessory action, the magistrate court entered judgment in favor of
defendant KL Capital, LLC, and plaintiffs Percival Mulbah and Jane Mulbah filed a
petition for review in superior court. On February 12, 2026, the superior court entered
an order dismissing the petition for review. The Mulbahs filed a motion for
reconsideration, which the superior court denied on March 4, 2026. The Mulbahs
then filed the instant application for discretionary review on March 9, 2026. We 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); Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga. App. 334,
335–36 (715 SE2d 752) (2011). Further, an order denying a motion for reconsideration
is not appealable in its own right, Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187)
(2000), and a motion for reconsideration does not toll the time for filing an application
to appeal. Harris v. State, 278 Ga. 280, 282 n.3 (600 SE2d 592) (2004). Thus, the
instant discretionary application is untimely, because it was filed 25 days after the
superior court’s order dismissing the petition for review, and because the motion for
reconsideration did not toll the time for filing the application.
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).
Accordingly, the instant application is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/02/2026
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.