Opinion
46913.
ARGUED FEBRUARY 7, 1972.
DECIDED MARCH 15, 1972. REHEARING DENIED MARCH 30, 1972.
Eviction. Clayton Superior Court. Before Judge Banke.
John D. Brown, pro se. Hodges Oliver, G. Robert Oliver, for appellee.
Brown, the defendant in eviction proceedings commenced in a justice of the peace court on October 9, 1970, appealed to this court from an order of September 17, 1971, dismissing his appeal then pending in Clayton Superior Court. It is undisputed that his claim to the premises is based solely on a written lease which, considered in its most favorable aspects to the defendant, expired at the very latest on April 30, 1971, while the litigation was pending in Clayton Superior Court, and it further appears that his right to continued occupancy of the premises, as thereafter conditioned upon payment of rent into the registry of the court, was terminated for nonpayment of rent by an order dated December 2, 1971, from which he did not appeal. See Code Ann. § 61-304. Regardless of whatever errors may have occurred the case is now moot and subject to dismissal. See Code Ann. §§ 6-701 (b), 6-809 (b); Buice v. Clayton County Commissioners, 215 Ga. 18 ( 108 S.E.2d 691).
Appeal dismissed. Deen and Clark, JJ., concur.