Stephen Fox v. Deidrick Cody

Court of Appeals
of the State of Georgia

ATLANTA,____________________
June 03, 2026

The Court of Appeals hereby passes the following order:

A26A2049, A26D0500. STEPHEN FOX v. DEIDRICK CODY.

This case originated as a dispossessory matter in magistrate court. Following
an adverse ruling, tenant Stephen Fox appealed to state court. On April 2, 2026,
following a bench trial, the trial court found in favor of landlord Deidrick Cody. Fox
then filed both a direct appeal, Case No. A26A2049, and an application for
discretionary appeal, Case No. A26D0500. We, however, lack jurisdiction in both
cases.
Appeals from decisions of the state courts reviewing decisions of the magistrate
courts by de novo proceedings must be initiated by filing an application for
discretionary review. OCGA § 5-6-35(a)(11); Strachan v. Meritor Mtg. Corp. E., 216
Ga. App. 82, 82 (453 SE2d 119) (1995). Fox was thus not entitled to file a direct
appeal.
Although Fox filed an application for discretionary appeal, his application was
untimely. 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). Here, however, Fox filed his application for discretionary appeal on
May 5, 2026, which was 33 days after entry of the trial court’s order. 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, we also lack
jurisdiction to consider Fox’s application for discretionary appeal.
For these reasons, Case No. A26A2049 is hereby DISMISSED for lack of
jurisdiction. Likewise, Case No. A26D0500 is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
06/03/2026
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.