Legal Question in Real Estate Law in Georgia

Re: Superior Cout Appeal by ex-land lady: Is there a time limit for it to be he

I am afraid that if I write and answer it will only be "bad news," for you and you will blame the messenger. Assuming this is in Georgia, which it appears to be, an "appeal," by the landlady VOIDS your prior win and you all start over anew. In GA an appeal from Magistrate Court is called a de novo appeal. (I'll skip the heavy techincals on what cannot again be raised in the de novo case). You should consider her appeal to be the start of your case all over again. If you want to win. You will need to go down and either stand on your initial Complaint or amend it because you are now in a Court of Record -- State Court. Both of you all have a right to do 6 months of discovery and (if is involves a fact dispute), both of you all have the RIGHT to demand a jury trial. In some ways, you have just begun. If you are serious about getting her, you need to go talk to a local lawyer and consider filing a Motion for Summary Judgment based on sworn affidavits. That will more likely "join" the issue than any other pleading.

BTW: If you try to garnish her bank account and/or wages, based on the "win," that you have, you are going to be sadly disappointed. Her appeal VOIDS your win, so you have nothing. If you file the garnishment anyway and her property is garnished, you may be sued by her (perhaps successfully) for the improper garnishment and for punitive damages for bringing a garnishment without first having a final, nonappealable judgment. Go talk to a lawyer, before swearing out the garnishment.

See, now you hate the messenger.