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Boardman v. Brenninkmeijer

The Court is not permitted to reach the merits of an appeal where the appellant has filed a notice of bankruptcy during the pendency of the appeal.

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Ana Brenninkmeijer filed a civil action against Richard Boardman asserting that he breached a co-tenancy agreement. Boardman appealed to this Court from the trial court’s grant of summary judgment in favor of Brenninkmeijer on her breach of contract claim. He has now filed a “Notice of Bankruptcy Stay” asserting that because he has filed a Chapter 7 bankruptcy petition, “this appeal is stayed by the provisions of 11 U.S.C. § 362.” But the appellate courts of this state are constitutionally required to dispose of every case at the term of court for which it is entered on the court’s dockets for hearing or at the next term of court. See 1983 Ga. Const., Art. VI, Sec. IX, Para. II. Accordingly, this Court does not have the power to stay a case. We therefore remand this case to the trial court until the stay of proceedings is lifted. See Boat Ramp Road Partners v. First State Bank, Inc., 314 Ga. App. 452, 453 n.1 724 SE2d 464 2012; see also Piggly Wiggly Southern v. Kelley, ___Ga. ___ Case No. S98G0860, decided June 2, 1998; Olde Towne Tyrone v. Multibank 2009-1 CRE Venture, 326 Ga. App. 322, 325 n.2 756 SE2d 558 2014.

At that time, Boardman may re-institute the appeal by filing a new Notice of Appeal in the trial court within 30 days of the date of the entry of the order in the bankruptcy court lifting the stay.

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