This is an appeal from a grant of a Writ of Possession. It arises from Rabun County Superior Court Civil Action No. 01-C V-245-C and is part of a nine-year, convoluted body of litigation between plaintiff Norwest Mortgage, Inc. “Norwest”1 and Judith F. Hurt, involving Hurt’s refusal to surrender real estate and improvements located at Route 3, Box 3401-H, Clayton, previously foreclosed upon by Norwest for Hurt’s failure to make mortgage payments. A rendition of the more pertinent facts of this case is necessary for its resolution. In this leg of the litigation, Norwest filed an affidavit for a dispossessory warrant as to the contested property on June 11, 2001. A hearing was held on June 17, 2001. The trial court issued a Writ of Possession in favor of Norwest on June 27, 2001, and ordered Hurt to pay the costs of litigation and attorney fees, finding that Hurt “has been stubbornly litigious and has cost the plaintiff unnecessary trouble and expense.” Hurt immediately filed an application for discretionary review in this Court. Finding that the dispossessory order was subject to direct, not discretionary appeal, we granted Hurt’s application. On July 19, 2001, Hurt filed a notice of appeal in this Court as to the grant of the Writ of Possession.
Immediately following the trial court’s ruling and prior to filing her appeal, Hurt filed an affidavit of indigency in this case, claiming “she is completely indigent and unable to pay the costs and attorney fees of this action, or to be able to post a bond if requested.” This, although Hurt had informed the court at the earlier hearing that she had been regularly making payments on the contested property for a year and a half and intended to purchase said property. Hurt’s affidavit contained neither a seal of attestation by the notary who allegedly signed the document or a date on which such notary signed the document. In addition, Hurt’s affidavit of indigency was traversed by Norwest through the filing of a counter-affidavit; there, in addition to noting Hurt’s admission at trial, Norwest representative Nichole Carswell swore that, “Defendant stated to me personally on June 27, 2001, that she would have no problem posting a supersedeas bond.” Norwest then filed a motion seeking to force Hurt to pay rent, attorney fees, and court costs into the registry of the court. Hurt filed a response wherein she no longer claimed indigency as a reason against such payments into the court’s registry but, instead, claimed that such payments were unnecessary because, the Defendant has been sending the monthly required mortgage payments directly to the Plaintiff; which have been held in escrow pending settlement of litigation. The Defendant has also paid property taxes, homeowner’s insurance and substantial repairs to the property. . . . The Defendant has acquired a mortgage to payoff the Plaintiff in full. On August 29, 2001, after considering the evidence, the trial court issued an order directing Hurt to pay rent, attorney fees, and court costs into the court’s registry.
