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Davis v. CitiMortgage Inc.

Res judicata barred claims regarding the original grant of a writ of possession, which the Court affirmed on appeal, in the borrower's appeal from the grant of a second writ of possession.

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LaShunda Davis appeals the grant of a writ of possession to CitiMortgage, Inc. We affirm because Davis’s claims are barred by the resolution of her prior appeals in the matter. After Davis defaulted on her mortgage, CitiMortgage foreclosed on the property securing the note. It filed a dispossessory action alleging that Davis was a tenant at sufferance and seeking possession. In Davis v. CitiMortgage , 309 Ga. App. 385 710 SE2d 577 2011, we affirmed the grant of a writ of possession to CitiMortgage.

After Davis filed her first notice of appeal, but before we ruled, CitiMortgage filed a motion to compel Davis to pay rent into the court registry pending her appeal. In an unpublished opinion, Davis v. CitiMortgage , __Ga. App.__ Case No. A11A1359, decided June 30, 2011, we dismissed Davis’s appeal from the trial court’s order requiring her to pay rent into the registry of the court. We held that Davis’s notice of appeal was untimely and that the issue was moot, given that we had affirmed the grant of the writ of possession.

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