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Freeman v. the Park at Hairston Apartments
Citations: 341 Ga. App. 321; 800 S.E.2d 21; 2017 Ga. App. LEXIS 191Docket: A17A0464
Court: Court of Appeals of Georgia; May 4, 2017; Georgia; State Appellate Court
Original Court Document: View Document
Motions for reconsideration must be submitted to the clerk’s office within ten days of the decision to be considered timely. In the case A17A0464, Yevette Freeman appeals pro se from a DeKalb County Superior Court order denying her application to proceed in forma pauperis. The court vacates the trial court's order and remands for further proceedings. The undisputed facts indicate that the DeKalb County Magistrate Court ruled against Freeman on May 4, 2016, and she was notified on May 10, 2016, that she needed to pay a $214 filing fee to proceed with her appeal. This notice, sent via certified mail to an address Freeman presumably provided, was returned as 'unclaimed' on June 8, 2016. Freeman applied to proceed without costs on June 16, 2016, which the trial court denied as untimely, claiming she should have acted by June 9, 2016. However, the appellate court found this reasoning erroneous, stating that OCGA § 9-15-2 does not allow for dismissal solely based on untimeliness of the application. Moreover, OCGA § 5-3-22(a), which addresses nonpayment of costs for appeals, does not apply here as the issue involves her failure to pay the Superior Court filing fee or file an affidavit of poverty. Therefore, the appellate court vacates the trial court's order and remands the case for further proceedings.