Brittany Jackson v. Bay Street Homes, LLC

Court of Appeals
of the State of Georgia

                                         ATLANTA,____________________
                                                  April 13, 2026

The Court of Appeals hereby passes the following order:

A26A1284. BRITTANY JACKSON v. BAY STREET HOMES, LLC.

      Bay Street Homes, LLC (“Bay Street”) brought this dispossessory action
against Brittany Jackson in the Magistrate Court of Clayton County seeking a writ of
possession for premises leased to Jackson and payment of past due rent, future rent
accruing through final judgment or vacancy, and attorney fees and costs. Jackson
counterclaimed for failure to repair and damage to her personal property. Based on
the amount of damages sought by Jackson in her counterclaim, the magistrate court
determined that it lacked jurisdiction to adjudicate that claim and transferred the case
to the State Court of Clayton County. At the commencement of the ensuing bench
trial in state court, Bay Street acknowledged that Jackson had recently vacated the
premises, such that the issue of possession was moot, but noted that it continued to
seek past due rent. The case was then tried on Bay Street’s claim for back rent and
on Jackson’s counterclaims, and the trial court found in favor of Jackson and entered
judgment against Bay Street for $10,802.50. Jackson moved for a new trial, arguing
that the trial court had erred in excluding certain evidence and that the damages
awarded were grossly inadequate. On November 10, 2025, the trial court entered an
order denying the new trial motion, and Jackson filed her notice of appeal on
December 1, 2025. We lack jurisdiction.
      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
seven 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, 335–36 (715 SE2d 752)
(2011). Here, although the issue of possession had been resolved by the time the case
was tried, “it is the underlying subject matter of the litigation, rather than the relief
granted, which controls in determining the proper appellate procedure to follow.”
Radio Sandy Springs, 311 Ga. App. at 335. Because “this action . . . began as and
remain[ed] a dispossessory action,” the seven-day time limit for filing a notice of
appeal applied. Stubbs v. Local Homes, LLC, 375 Ga. App. 513, 516 (915 SE2d 91)
(2025). See also Loganville Pediatrics & Adolescent Care Assocs. Corp. v. VMM, LLC,
__ Ga. App. __ (925 SE2d 204) (2026) (the seven-day time limit of OCGA § 44-7-56
applied where, among other things, “the issue of past due rent, which was sought as
part of the initial dispossessory proceeding, remain[ed] in dispute”); Radio Sandy
Springs, 311 Ga. App. at 334–36 (where the action began and continued as a
dispossessory action in which the landlord sought past due rent, the seven-day time
limit of OCGA § 44-7-56 applied, even though the issue of possession was resolved
before the trial court entered its order and no writ of possession was issued); Ray M.
Wright, Inc. v. Jones, 239 Ga. App. 521, 523 (521 SE2d 456) (1999) (the seven-day time
limit of OCGA § 44-7-56 applied where the action began as and remained a
dispossessory proceeding, as evidenced by the parties’ continued reliance on the
provisions of the dispossessory statutes, including those pertaining to the payment of
back rent). Compare America Net, Inc. v. U. S. Cover, Inc., 243 Ga. App. 204,
204–07(1) (532 SE2d 756) (2000), overruled in part on other grounds by Smith v. Bell,
346 Ga. App. 152, 156 (816 SE2d 698) (2018) (holding that the seven-day time limit
did not apply where, after the landlord filed its dispossessory action in magistrate
court, the tenant surrendered possession and the parties stipulated that the case
should be transferred to state court for resolution of the remaining contractual claims).
       “The proper and timely filing of a notice of appeal is an absolute requirement
to confer jurisdiction upon the appellate court.” Yanes v. Escobar, 362 Ga. App. 896,
898 (870 SE2d 506) (2022) (quotation marks omitted). Jackson’s failure to file her
notice of appeal until 21 days after entry of the order denying her motion for a new
trial deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

                                       Court of Appeals of the State of Georgia
                                         Clerk’s Office, Atlanta,____________________
                                                                     04/13/2026
                                                  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.