Brenda M. Bush v. Shirley Randolph - Discretionary Appeal Dismissed

GA Court of Appeals Opinions

Filed March 4th, 2026

Detected March 4th, 2026

Summary

The Court of Appeals of Georgia dismissed Brenda M. Bush's discretionary appeal in the case of Bush v. Randolph. The dismissal was due to the application being filed untimely, nine days after the superior court's judgment, violating the seven-day jurisdictional deadline for dispossessory actions.

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What changed

The Court of Appeals of Georgia has dismissed Brenda M. Bush's application for a discretionary appeal in the case Brenda M. Bush v. Shirley Randolph et al. The dismissal stems from the application being filed nine days after the superior court's judgment affirming a magistrate court decision in a dispossessory action. The court cited OCGA § 44-7-56(b)(1) and relevant case law, emphasizing that appeals in dispossessory actions, including discretionary appeals, must be filed within seven days of the judgment entry, and failure to meet this deadline results in a lack of jurisdiction.

This ruling reinforces the strict jurisdictional deadlines for dispossessory actions in Georgia. Legal professionals representing parties in such cases must be acutely aware of the seven-day window for filing appeals or applications for discretionary review. Failure to adhere to this deadline will result in dismissal, as demonstrated in this case. While no penalties are mentioned, the consequence is the loss of the right to appeal the underlying judgment.

What to do next

Ensure all appeals in dispossessory actions are filed within the seven-day jurisdictional deadline.
Review internal procedures for tracking and filing deadlines in dispossessory cases.

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March 4, 2026 Get Citation Alerts Download PDF Add Note

Brenda M. Bush v. Shirley Randolph

Court of Appeals of Georgia

Citations: None known
Docket Number: A26D0350
Disposition: Discretionary Application Dismissed
Opinion
Authorities (2)
Cited By (0)
Summaries (0)
Similar Cases (0)
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Disposition

Discretionary Application Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 04, 2026
The Court of Appeals hereby passes the following order:
A26D0350. BRENDA M. BUSH v. SHIRLEY RANDOLPH et al.
The plaintiffs Shirley Randolph, Stephanie Watson, and Cindy Randolph filed
a dispossessory action against Brenda M. Bush in magistrate court. Following an
adverse judgment in magistrate court, Bush filed a petition for review in superior
court. On February 2, 2026, the superior court entered judgment affirming the
magistrate court’s decision. On February 11, 2026, Bush filed this application for
discretionary appeal. We lack jurisdiction.
Appeals in dispossessory actions, including applications for discretionary
appeal, must be filed within seven days of the date the judgment was entered. 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). The deadlines for filing applications for discretionary appeal
are jurisdictional, and this Court cannot accept an application not made in compliance
with the applicable deadline. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57)
(1989). The instant application is untimely because it was filed 9 days after entry of
the superior court’s decision.
Thus, we lack jurisdiction over the application, which is hereby DISMISSED.
The plaintiffs’ motion to dismiss the application is hereby DENIED as moot.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/04/2026
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.