Grady Multifamily II v. Courtney Simmons - Application Dismissed

GA Court of Appeals Opinions

Filed March 4th, 2026

Detected March 5th, 2026

Summary

The Court of Appeals of Georgia dismissed an application for discretionary appeal in the dispossessory action Grady Multifamily II v. Courtney Simmons. The dismissal was due to the application being filed untimely, exceeding the seven-day jurisdictional deadline after the superior court's judgment.

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What changed

The Court of Appeals of Georgia has dismissed the discretionary application for appeal filed by Grady Multifamily II and Ashley Auburn Point II in the dispossessory action against Courtney Simmons. The court found that the application was filed 31 days after the superior court's judgment on January 12, 2026, which exceeds the seven-day jurisdictional deadline mandated by OCGA § 44-7-56(b)(1) for appeals in dispossessory actions. Consequently, the court lacks jurisdiction to hear the appeal.

This ruling underscores the critical importance of adhering to strict jurisdictional deadlines in appellate procedures, particularly in dispossessory actions. Parties seeking discretionary review must ensure their applications are filed within the prescribed seven-day window. Failure to do so will result in dismissal, as demonstrated in this case, with no recourse for late filings. Legal professionals involved in similar cases should be diligent in tracking and meeting these stringent timelines to avoid adverse outcomes.

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March 4, 2026 Get Citation Alerts Download PDF Add Note

Grady Multifamily II v. Courtney Simmons

Court of Appeals of Georgia

Citations: None known
Docket Number: A26D0352
Disposition: Discretionary Application Dismissed
Opinion
Authorities (2)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

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:

A26D0352. GRADY MULTIFAMILY II et al v. COURTNEY SIMMONS.

This dispossessory action originated in magistrate court. Courtney Simmons
appealed the magistrate ruling to superior court, and on January 12, 2026, the superior
court found in her favor. On February 12, 2026, Grady Multifamily II and Ashley
Auburn Point II (“the Applicants”) filed this application for discretionary appeal.1
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).2 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).

1
The Applicants attempted to file the application on February 11, 2026, but the
Court was unable to accept the filing because the certificate of service, which was
served via email, did not reflect a prior agreement permitting such service as required
by Court of Appeals Rule(6)(b)(2).
2
Although the superior court did not issue a writ of possession, the underlying
subject matter of this case is a dispossessory action. Radio Sandy Springs v. Allen Road
Joint Venture, 311 Ga. App. 334, 335–36 (715 SE2d 752) (2011).
Because the Applicants filed this application 31 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,____________________
03/04/2026
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.