Court Filings

The Georgia Court of Appeals dismissed Russell Carl Nast’s direct appeal of the trial court’s October 8, 2025 order confirming an arbitration award and granting a divorce because appeals in divorce cases must proceed by discretionary-appeal application under OCGA § 5-6-35(a)(2). The court concluded the proper procedure was an application for discretionary appeal, and that procedure is jurisdictional, so the court lacked jurisdiction to hear the direct appeal. The court granted the motion to dismiss and denied the respondent’s request for a frivolous-appeal penalty.

The Georgia Court of Appeals dismissed Tamera Montgomery’s appeal of a trial court order granting summary judgment to Milton Ruben Toyota of Augusta because Montgomery failed to file her appellant brief by the April 13, 2026 deadline and did not request an extension. The appeal had been docketed March 23, 2026, and under Court of Appeals Rule 23(a) the court dismissed for failure to prosecute. The order is procedural — the appellate court did not address the merits of the summary judgment ruling.

The Georgia Court of Appeals dismissed an attempted direct appeal by Olufeyijimi Awofadeju from a final divorce decree entered December 22, 2025. The court held it lacked jurisdiction because appeals in divorce and other domestic relations matters require a discretionary-appeal application under OCGA § 5-6-35, and the appellant did not follow that procedure. Because use of the discretionary-appeal process is jurisdictional, the improperly filed direct appeal could not proceed and was dismissed on April 22, 2026.

The Court of Appeals dismissed Reginald Charles Harvey’s appeal from various trial-court orders in a dispute with U.S. Nature-Invest Holdings, LLC because the notice of appeal was filed late. The underlying dispute began with the plaintiff’s declaratory judgment in January 2025 and multiple post-judgment motions by Harvey, the last of which the trial court denied on February 6, 2026. Harvey filed his notice of appeal on March 16, 2026 — 38 days after the February 6 order — and the Court of Appeals held it lacked jurisdiction because timely filing of a notice of appeal is mandatory under state law.

The Court of Appeals dismissed Kentay Smith’s appeal for lack of jurisdiction. Smith sought review of post-October 17, 2025 orders after filing a notice of appeal on March 2, 2026. The court held that the controlling final order was entered October 17, 2025, and Smith’s notice of appeal was not filed within the 30-day statutory deadline. The February 19, 2026 order merely stated the case was closed and made no new substantive custody ruling, so it was not appealable. Motions to expedite and for emergency consideration were also dismissed for lack of jurisdiction.

The Georgia Court of Appeals dismissed an appeal in Phan v. Lee because appellants failed to file their enumerations of error and brief by the court-imposed deadline and did not request an extension. The appeal had been docketed March 6, 2026, and appellants were required to file within 20 days (by March 26, 2026). Citing Court of Appeals Rules 7 and 23(a) and precedent (Britton v. Fed. Nat’l Mortg. Ass’n), the court ordered dismissal on April 21, 2026 for noncompliance with filing requirements.

The Georgia Supreme Court reviewed a disciplinary proceeding charging attorney Darryl J. Ferguson with violating parts of Rule 1.15(I) for failing to protect a chiropractor’s asserted interest in two clients’ settlement proceeds. The Review Board had recommended a 60-day suspension conditioned on restitution, but the Court concluded the Bar did not prove by clear and convincing evidence that Ferguson violated Rule 1.15(I)(b), (c), or (d). The Court held that Ferguson reasonably could conclude the chiropractor’s form was an unperfected lien or attempt at a statutory lien that he could disregard under Rule 1.15(I)(b), and therefore no discipline was imposed and the matter was dismissed.

The Georgia Court of Appeals dismissed the appeal in Pimentel v. Morquecho because the appellant failed to file a required brief and enumerations of error by the court's deadline of April 13, 2026. The court issued a formal order on April 20, 2026, noting the missed filing and entered dismissal as the disposition. No opinion on the merits was reached because the procedural default (failure to file required appellate documents) warranted dismissal.

The Court of Appeals dismissed Jimmy Wallace's appeal as premature. Wallace was convicted and filed a timely motion for new trial, then filed a motion to withdraw that motion and the next day filed a notice of appeal. Because the trial court had not yet ruled on the motion for new trial or the motion to withdraw it, the case remained pending below and the appellate court lacked jurisdiction under Georgia law. The court relied on statutory timing rules for appeals and precedent holding that the appellate clock does not start until the trial court finally disposes of a motion for new trial.

The Court of Appeals dismissed Trimen Enterprises, Inc.'s appeal seeking review of the trial court's refusal to allow an amended answer and the entry of default judgment against Trimen. The court held it lacked jurisdiction because the case remains pending below as other claims against a co-defendant were unresolved, and the trial court did not enter a certificate under OCGA § 9-11-54(b). Because Trimen did not follow the interlocutory-appeal procedures in OCGA § 5-6-34(b), including obtaining a certificate of immediate review, the appeal was premature and must be dismissed.

The Court of Appeals dismissed James Fields's appeal for lack of jurisdiction because the trial court record lacks a written disposition as to Count 2 (a firearm charge). Fields was convicted on Count 5 (attempted armed robbery) and Count 6 (firearm during a felony) and acquitted on Count 1, while Count 3 resulted in a mistrial and Counts 3 and 4 were dead-docketed. Under Georgia law, an appeal from a multi-count indictment is only ripe when each count has a written judgment; because Count 2 remains unresolved in the record, Fields needed to seek interlocutory review and did not, so the appeal was dismissed.

The Georgia Court of Appeals dismissed a pro se appeal by Crandall Postell from a probate court order approving sale of estate real property because Postell remained represented by counsel when he filed the notice of appeal. The record contained no probate-court order allowing attorney Daniel Wilder to withdraw, and Georgia precedent bars a party from simultaneously being represented and proceeding pro se. Because a pro se notice filed while represented is a legal nullity, the appellate court concluded it lacked jurisdiction and dismissed the appeal.

The Georgia Court of Appeals dismissed an appeal by homeowner Chinh Vo challenging the denial of his motion to set aside a May 2025 final judgment in favor of Bellmoore Park Homeowners Association. The court held it lacked jurisdiction because appeals from denials of motions to set aside under OCGA § 9-11-60(d) must proceed by discretionary appeal application under OCGA § 5-6-35(a)(8),(b). Because compliance with the discretionary-appeal procedure is jurisdictional, the court dismissed the direct appeal for failure to follow the required procedure.

The Georgia Court of Appeals dismissed Ed Hunter's appeal from the City of South Fulton because the appellant failed to comply with docketing notice and Court of Appeals Rule 23(a) by not filing an enumeration of errors and brief within the required time. The court had previously ordered those filings by April 6, 2026; they were still not filed as of the April 17, 2026 order. Relying on its procedural rules, the court deemed the appeal abandoned and entered dismissal.

The Court of Appeals dismissed a duplicative cross-appeal filed by defendant Austin Luke Bradley. The State had appealed a trial court order granting Bradley's motion in limine; Bradley filed a timely cross-appeal challenging an earlier denial of his motion to suppress. Bradley later refiled the same notice of cross-appeal after the trial court re-entered its denial nunc pro tunc. Because that second filing duplicated an already pending cross-appeal in a separate docket number, the Court dismissed the later appeal as superfluous.

The Georgia Court of Appeals dismissed Scott Bolles’s appeal of a trial court award of attorney fees to GEICO Indemnity Company because the appellant failed to pursue the required discretionary-review procedure. Under Georgia law, orders granting fees under OCGA § 9-15-14 must be appealed by application for discretionary review; ordinary appeals are not permitted. Because Bolles did not follow that jurisdictional procedure, the Court concluded it lacked authority to hear the case and dismissed the appeal without reaching the merits of the fee award.

The Court of Appeals dismissed two direct appeals challenging a trial court’s award of $5,005 in attorney fees and a contempt finding in a domestic relations case because the appellants did not follow the required discretionary-review procedure. The trial court had apportioned the fee award between the father (Randy Harling, Jr.) and his former counsel (Bataski Bailey). The Court of Appeals held it lacked jurisdiction because Georgia law requires an application for discretionary review to appeal orders in domestic relations matters and awards under OCGA § 9-15-14. Noncompliance with that procedure is jurisdictional, so the appeals were dismissed on April 16, 2026.

The Georgia Court of Appeals dismissed Dwayne Eugene Jackson’s direct appeal of his March 2026 guilty plea and 20-year sentence because the appeal was not filed under the state’s newly amended discretionary review procedure required for guilty pleas entered on or after May 14, 2025. The court explained that OCGA § 5-6-35 now requires such appeals to begin by application for discretionary review and that failure to follow that procedure is jurisdictional. Because Jackson did not comply, the court concluded it lacks jurisdiction and dismissed the appeal.

The Georgia Court of Appeals dismissed an interlocutory application filed by Fulton County Sheriff Patrick Labat seeking review of a trial court order that denied his summary-judgment immunity defense in a lawsuit by Ralph Gershom challenging a sheriff's deed. The court concluded the superior-court order is directly appealable under new OCGA § 5-6-34(a)(15), effective July 1, 2025, so an interlocutory application was unnecessary. Because Sheriff Labat already filed a notice of appeal docketed as Case No. A26A1678, the Court dismissed the duplicative application as superfluous and directed further filings to proceed under the existing appeal number.

The Georgia Court of Appeals dismissed McGarvey-Wilkins’s appeal from a Georgia State-Wide Business Court order denying her request to proceed as an indigent. The appellant repeatedly failed to file a compliant affidavit of indigency, pay the filing fee, or provide an adequate certificate of service despite the Court’s orders to do so. Because she did not file a timely initial brief and did not show good cause for the defaults required by Court of Appeals Rule 23(a), the Court dismissed the appeal for noncompliance with procedural rules.

The Court of Appeals dismissed Kyle Ramsey’s direct appeal of a twelve-month protective order granted to Kristina Ramsey under Georgia’s Family Violence Act for lack of jurisdiction. The court explained that appeals in domestic relations and Family Violence Act matters must be pursued by filing an application for discretionary appeal in the appellate court rather than by a trial-court notice of appeal. Because Kyle did not follow the mandatory discretionary-appeal procedure, the Court concluded it lacked jurisdiction and dismissed the appeal.

The Court of Appeals dismissed Roy Boone Bright's appeal from the trial court's denial of a December 2025 motion that sought to vacate his 2019 convictions and recidivist sentence. The court held Bright had no right to appeal because his filing improperly attempted to collaterally attack the validity of his convictions through a post-conviction motion that is not a permitted procedure in a criminal case. The court relied on Georgia Supreme Court precedent establishing that such efforts to set aside convictions by post-conviction motion are not appealable and therefore must be dismissed.

The Court of Appeals dismissed Antique Fields’ application for discretionary review of a magistrate court writ of possession because the application was filed too late. The magistrate court entered judgment on 2026-02-27, and Antique Fields filed for review on 2026-03-24, which exceeded the seven-day deadline for filing under Georgia law. The Court explained that its jurisdiction to review magistrate court orders exists only after review by a state or superior court, and because the application was untimely and filing deadlines are jurisdictional, the Court could not transfer the matter and therefore dismissed the application.

The Court of Appeals dismissed Progressive Mountain Insurance Company’s attempt to appeal a trial court order awarding attorney fees as a discovery sanction because the order was not final. The trial court reserved the amount of fees for a later hearing, so the case remained pending below. Progressive did not seek interlocutory review under the statutory procedure (OCGA § 5-6-34(b)) by obtaining a certificate of immediate review. Because Progressive failed to follow the required interlocutory appeal steps, the Court of Appeals concluded it lacked jurisdiction and dismissed the appeal.

The Georgia Court of Appeals granted Applicant Katrina Cooper's motion to withdraw her application for discretionary appeal in case A26D0439. The court ordered that the application is deemed withdrawn and issued a formal minute entry reflecting that decision on April 13, 2026. There is no opinion on the merits because the procedural request to withdraw was uncontested and dispositive of the application.

The Court of Appeals dismissed a direct appeal by plaintiffs Whitney Garland and Thomas Nichols from a trial-court order awarding attorney fees to defendant Provectus Unum, LLC. The plaintiffs had voluntarily dismissed their contract lawsuit, but the trial court reopened the case because Provectus had a pending counterclaim for fees and then awarded fees under Georgia law. The Court of Appeals held it lacked jurisdiction because appeals of fee awards under OCGA § 9-15-14 must proceed by discretionary application under OCGA § 5-6-35(a)(10), and the plaintiffs did not follow that procedure.

The Georgia Court of Appeals dismissed L. Lin Wood’s appeal for lack of jurisdiction. The underlying civil trial court entered a $9,661,177 judgment for the plaintiffs and granted a supersedeas bond on November 5, 2025. Wood filed a motion for reconsideration on November 12 and a notice of appeal on December 9, 2025. The Court held that the notice of appeal was untimely as to the November 5 order because it was filed 34 days later, and that the later denial of the reconsideration motion is not directly appealable and does not extend the appeal deadline.

The Court of Appeals dismissed Kreslyn Barron Odum’s application for discretionary appeal challenging the trial court’s denial of her motion to set aside an order requiring her to pay half of a guardian ad litem’s fees. The court held it lacked jurisdiction because the underlying custody case remains pending and the order is interlocutory. Odum failed to follow interlocutory appeal procedures, including obtaining a certificate of immediate review from the trial court, so the discretionary-appeal process could not cure that jurisdictional defect.

The Court of Appeals dismissed Brittany Jackson's appeal from a judgment in favor of Bay Street Homes arising from a dispossessory action because Jackson filed her notice of appeal 21 days after the trial court's order denying her motion for new trial, instead of within the seven-day deadline that applies to dispossessory cases. The court explained that although possession became moot, the underlying action remained a dispossessory proceeding seeking past-due rent, so the special seven-day appeal window under OCGA § 44-7-56 controlled. Because timely filing of a notice of appeal is jurisdictional, the court lacked authority to hear the appeal.

The Georgia Court of Appeals dismissed Husband’s direct appeal from a final divorce judgment for lack of jurisdiction. The court explained that appeals in divorce and related domestic relations matters must be initiated by filing an application for discretionary review under OCGA § 5-6-35, and that compliance with that procedure is jurisdictional. Because Husband did not follow the required discretionary-appeal procedure, the Court of Appeals concluded it could not consider the appeal and dismissed the case.