Court Filings

The Court of Appeals reversed the trial court’s denial of Dawon’s motion to dismiss and to compel arbitration in a construction-payment dispute. The parties had a detailed January 2024 service agreement that included a broad, surviving arbitration clause. In August 2024 they signed a short one-page follow-up agreement about cost handling and scheduling that did not address dispute resolution and did not supplant the original contract. The appellate court held the second agreement did not supersede the first, so the original arbitration clause remained enforceable and dismissal and arbitration were required.

The Court of Appeals reviewed five consolidated appeals arising from a Fulton County trial court’s appointment of a special master to manage pretrial matters in mass-tort litigation. Plaintiffs challenged the appointment, the denial of their indigency claims without a hearing, the contempt finding for nonpayment of special-master fees, and the order requiring payment of pro-rata fees. Defendants challenged the trial court’s imposition of joint-and-several liability for payment of the special-master fees. The appellate court affirmed the appointment in part, vacated the contempt ruling for lack of the required hearing on indigency, remanded for further proceedings, and vacated the joint-and-several-liability provision in the appointment order.

The Court of Appeals reversed a trial-court award of $14,525 in attorney fees to a third party, Yaarit Silverstone, in a garnishment proceeding. SMS Financial Recovery Services had appealed the fee award under OCGA § 9-15-14 after the trial court found SMS’s post-judgment motions and discovery were frivolous or for harassment. The appellate court held that OCGA § 9-15-14 authorizes fee awards only in "civil actions" and must be strictly construed; garnishment is a special statutory proceeding, not a civil action, so § 9-15-14 does not authorize fees in this context. Because of that legal conclusion, the court reversed the award and did not decide the other claimed errors.

The Court of Appeals reversed the trial court’s denial of a motion to dismiss in a negligence suit filed by a mother on behalf of her burned six-year-old son against his teacher, another teacher/paraprofessional, the school nurse, the principal, and the Cobb County School District. The defendants moved to dismiss under OCGA § 9-11-12(b)(1), asserting sovereign and official immunity and submitted affidavits. The trial court treated the motion as converted to summary judgment because affidavits were attached and delayed ruling on immunity. The appeals court held that attaching affidavits did not automatically convert a jurisdictional immunity motion into summary judgment and remanded for the trial court to consider the immunity defenses properly.

The Georgia Court of Appeals granted an application for an interlocutory appeal in the case KLS Heating & Air, Inc. v. Juliette Hamler Locke, et al. The court ordered that the appellant may file a Notice of Appeal within 10 days of the April 30, 2026 order and directed the clerk of the state court to include this order in the record transmitted to the Court of Appeals. This is a procedural interlocutory-order grant allowing the appeal to proceed before final judgment.

The Court of Appeals dismissed Wayne Bridges’s application for discretionary review of a DeKalb County Magistrate Court dispossessory judgment because the court lacked jurisdiction. Georgia law requires that appeals from magistrate court dispossessory judgments be filed within seven days; Bridges filed his application 33 days after the magistrate court’s March 6, 2026 judgment. Because the statutory appeal period expired, the Court declined to transfer the matter to the state or superior court and dismissed the application as untimely.

The Court of Appeals dismissed Madelene Kinsler’s direct appeal from a superior court judgment favoring BW Links Owner, LLC in a dispossessory proceeding because Kinsler did not follow the mandatory discretionary-appeal procedure for superior-court reviews of magistrate-court orders. The court explained that under Georgia law an application for discretionary appeal is required and that compliance is jurisdictional, so the Court of Appeals lacked authority to consider the merits and dismissed the appeal.

The Court of Appeals dismissed Keola Pasteure’s appeal of a trial-court summary judgment in favor of State Farm Fire and Casualty Company because the notice of appeal was filed more than eight months after the July 2025 order. Under Georgia law, a notice of appeal must be filed within 30 days of entry of the order. Because Pasteure did not file within that statutory period, the Court concluded it lacked jurisdiction and dismissed the appeal without reaching the merits.

The Court of Appeals dismissed the defendants' direct appeal in a dispossessory (eviction) matter for lack of jurisdiction. Realistry Acquisitions obtained de novo judgment and a writ of possession in superior court after the magistrate court dismissed the case. The defendants filed post-judgment motions that were denied, then filed a notice of appeal 15 days after entry of the superior court judgment. The Court of Appeals found the appeal defective because the defendants should have used discretionary-appeal procedures for de novo superior-court review and because the notice of appeal was untimely under the seven-day deadline for dispossessory appeals.

The Court of Appeals dismissed Elizabeth Jordan’s pro se appeal from a September 11, 2025 trial-court order concerning contempt and attorney-fee rulings because Jordan was still represented by counsel when she filed her notice of appeal. The court explained that a litigant cannot both proceed pro se and be represented by an attorney, and that a counsel withdrawal must be ordered by the trial court before a pro se filing can be effective. Because Jordan’s pro se notice of appeal was therefore a nullity, the appellate court concluded it lacked jurisdiction and dismissed the appeal.

The Georgia Court of Appeals granted the appellant's motion to withdraw the appeal in case A26A0693, Ralph Van Pelt, Jr. v. Community and Southern Bank (successor to First National Bank of Georgia). The court released jurisdiction back to the trial court upon issuance of the order. The decision is administrative and dispositional: the appeal was terminated at the appellant's request and control over the case returned to the lower court.

The Georgia Court of Appeals dismissed Sonya Chandler Anderson's appeal for failure to prosecute. The appellant did not comply with the Court's notice of docketing or Court of Appeals Rule 23(a) requiring an enumeration of errors and brief within twenty days of docketing, nor with a subsequent order to file those documents by April 27, 2026. Because the required filings were not received, the court deemed the appeal abandoned and ordered it dismissed under applicable Court of Appeals rules.

The Court of Appeals dismissed Sandra Capouch’s appeal from a trial court order that granted defendants’ motion to open default and motion to dismiss. The court concluded it lacked jurisdiction because Capouch filed her notice of appeal 34 days after the trial court’s October 29, 2025 order, but Georgia law requires a notice of appeal within 30 days. The court relied on the filing deadline statute and precedent holding timely filing is an absolute jurisdictional requirement, and it accepted the clerk’s endorsement as the operative filing date.

The Georgia Court of Appeals granted the appellant Hardy Foods, LLC's motion to withdraw its appeal in the case against Mackenzie Morgan. The court released jurisdiction back to the trial court effective upon receipt of the order, meaning the appellate matter is terminated and further proceedings will occur in the trial court. The decision is procedural: the court accepted the voluntary withdrawal and took no action on the merits of the underlying dispute.

The Georgia Court of Appeals granted the City of Sandy Springs' motion to withdraw its appeal in the case against the City of Atlanta. By allowing withdrawal, the Court released jurisdiction back to the trial court effective upon receipt of this order. The document is a short procedural court order effectuating the appellant's request rather than a merits decision.

The Court of Appeals dismissed Nichelle Taylor’s direct appeal from the trial court’s denial of her motion to set aside a final judgment under OCGA § 9-11-60(d). The court held it lacked jurisdiction because appeals from denials of such motions must be pursued by application for a discretionary appeal under OCGA § 5-6-35(a)(8), (b), and Georgia precedent makes that process jurisdictional. Because Taylor filed a direct appeal instead of seeking discretionary review, the Court of Appeals dismissed the appeal on April 28, 2026.

The Georgia Court of Appeals granted the City of Atlanta's application for an interlocutory appeal in the case City of Atlanta v. William Neal. The order permits the appellant to file a Notice of Appeal within 10 days of the order date (April 28, 2026) and directs the Clerk of State Court to include this order in the record sent to the Court of Appeals. The court's action is procedural—allowing review before final judgment—rather than resolving the underlying merits of the dispute.

The Court of Appeals dismissed Ashlee Mock’s application for interlocutory review of the trial court’s order striking her answer in a civil forfeiture case because the application was filed late. The trial court struck Mock’s answer on January 7, 2026, and issued a certificate of immediate review on January 20, 2026. Mock filed her application in this Court 28 days after that certificate, but Georgia law requires an application be filed within ten days of the certificate. Because the timeliness requirement is jurisdictional, the court had to dismiss the untimely application.

The Court of Appeals dismissed a direct appeal by Robert Stafford and Icon Studios, LLC because the Court previously denied their application for discretionary appeal and that denial constituted an adjudication on the merits, barring a second direct appeal. The case arose after Heritage purchased property at foreclosure, obtained a writ of possession in magistrate court, and brought a dispossessory action; Icon and Stafford sought superior-court review but the superior court dismissed the petition and Stafford’s motion to join. The Court held that the prior denial precludes relitigation and thus the court lacks jurisdiction to hear this direct appeal.

The Georgia Court of Appeals dismissed Gary D. James's appeal for failure to file his brief and enumerations of error by the deadline set under Court of Appeals Rule 23(a) and a subsequent court order. The court had given James until 4:30 P.M. on April 27, 2026, to file the required materials and warned that failure to comply would result in dismissal. Because James did not comply, the court dismissed the appeal and cited Tolbert v. Tolbert as authority supporting dismissal for noncompliance with appellate deadlines.

The Court of Appeals dismissed two consolidated direct appeals by Google, LLC and its employee Laura Revenko seeking review of a trial court order compelling them to comply with deposition notices and subpoenas in a divorce case. The court held it lacked jurisdiction because discovery orders in domestic relations cases listed in OCGA § 5-6-35 must be pursued by discretionary application, even if the order otherwise meets the collateral order criteria for immediacy. Because Google and Revenko did not file the required application for appeal, the appeals were dismissed.

The Court of Appeals dismissed an application for interlocutory appeal by guardians of a minor bitten by a dog because the trial court’s certificate of immediate review was untimely. After the trial court granted summary judgment for the homeowner (Jerry) on March 10, 2026, the court issued the required certificate only on April 2, 2026 — 23 days later. Because Georgia law requires the certificate be issued within ten days of the order and that requirement is jurisdictional, the appellate court concluded it lacked jurisdiction and dismissed the application. The plaintiffs must wait for a final judgment to pursue appeal rights.

The Court of Appeals transferred an interlocutory application from Elizabeth Noell challenging the as-applied constitutionality and interpretation of Georgia's Equitable Caregiver Statute, OCGA § 19-7-3.1, to the Supreme Court of Georgia. Noell argued the statute must require that the biological parent (her) — not merely the other parent — foster or support a third party’s parental relationship with her children. The trial court rejected that argument, finding the statute requires only that “a parent” foster the relationship. Because the case involves an unsettled constitutional question and the Supreme Court has exclusive jurisdiction over such matters, the Court of Appeals transferred the matter for disposition.

The Court of Appeals dismissed Vernard K. Carter, Jr.'s appeal from a superior court writ of possession because the appeal was subject to discretionary-appeal procedures. The case began as a dispossessory action in magistrate court, was reviewed de novo by the superior court, and then appealed directly to this Court. The Court held it lacked jurisdiction because Carter did not follow the statutory discretionary-appeal process required for appeals from superior-court de novo reviews of magistrate-court rulings (OCGA § 5-6-35(a)(1) and controlling precedent). The appeal was therefore dismissed.

The Georgia Court of Appeals granted the appellant's motion to withdraw their appeal in Seres Capital GA, LLC v. Betty Jean Cook. By granting the motion the appellate court released jurisdiction back to the trial court, meaning the appeal is no longer active before the Court of Appeals and the case returns to the lower court for further proceedings. The order is a ministerial grant of withdrawal rather than a decision on the merits of the underlying dispute.

The Georgia Court of Appeals affirmed the superior court and City of Tucker in denying Cox Store Management’s application for a license to operate coin-operated amusement machines (COAMs) at its Idlewood convenience store. The City’s 2022 COAM ordinance bars COAMs within the distance limits that apply to alcohol sales; the store is 80.2 yards from a nearby church. The court held that the enabling statute allows municipalities to impose distance restrictions for COAMs no more restrictive than those for alcohol sales, and that the ordinance’s application to Cox was therefore lawful regardless of the types of alcoholic beverages Cox sells.

The Georgia Court of Appeals denied Jeremy Knowles's emergency motion for a stay of enforcement because he had not filed a notice of appeal in the trial court. Although Knowles's application for discretionary review was granted on March 10, 2026, he was given ten days to file a notice of appeal and the court confirmed no notice had been filed in DeKalb County Superior Court. Because there was no notice to operate as a supersedeas of the trial court’s final order, the Court declined to use its emergency stay power under its rules and denied the motion.

The Georgia Court of Appeals dismissed Saadi Orabi's appeal for failure to comply with docketing and briefing rules. The appellant did not respond to the notice of docketing or file the required enumeration of errors and brief within the time prescribed by Court of Appeals Rule 23(a) and Rule 13. The court had previously ordered those filings by February 20, 2026, but they were never filed, so the appeal was deemed abandoned and dismissed pursuant to Court of Appeals Rules 7 and 23(a).

The Court of Appeals dismissed Ricky R. Franklin’s direct appeal of a trial-court award of attorney fees to Carrington Mortgage Services, LLC and Wilmington Savings Fund Society because the appeal should have been pursued by filing an application for discretionary review under Georgia law. The trial court had awarded $14,354.50 in fees under OCGA § 9-15-14(b), and denied Franklin’s motions for a new trial and to set aside the fee award. The appellate court concluded it lacked jurisdiction because Franklin did not follow the mandatory discretionary appeals procedure required for appeals of attorney-fee awards.

The Georgia Court of Appeals considered an Application for Discretionary Appeal in case A26D0443, Nancy Pierce Jo Jenkins v. Michelle Jenkins, arising from Liberty County case number 24CV002090. The court issued a short order dated April 23, 2026, denying the application for discretionary appeal. No opinion or reasoning beyond the denial was provided in the extract; the court simply ordered that the application be denied and the Clerk certified the minutes.