Grady Multifamily II v. Courtney Simmons

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.