Allied Property Group, LLC v. Perrin Oaks Homeowners Association, Inc
Docket A26I0178
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- A26I0178
Application for interlocutory review to the Court of Appeals following a trial-court order dismissing plaintiff's claims and granting a certificate of immediate review.
Summary
The Court of Appeals dismissed Allied Property Group, LLC’s application for interlocutory review as untimely. Allied sought review after the trial court dismissed all its claims and granted a certificate of immediate review on March 17, 2026. Georgia law requires an application to this Court within ten days of that certificate, but Allied filed on March 31, 2026—four days late. Because compliance with OCGA § 5-6-34(b) is jurisdictional, the Court lacked authority to consider the late application and dismissed it, leaving Allied to await final judgment to pursue an appeal.
Issue Decided
- Whether the Court of Appeals has jurisdiction over an interlocutory appeal when the application for review was filed more than ten days after the trial court granted a certificate of immediate review under OCGA § 5-6-34(b).
Court's Reasoning
OCGA § 5-6-34(b) sets a jurisdictional ten-day deadline to file an application for interlocutory review after a trial court issues a certificate of immediate review. The court applied precedent holding that that statute is jurisdictional and that failure to comply deprives the appellate court of authority to hear the matter. Allied filed its application four days after the statutory deadline, so the Court lacked jurisdiction and dismissed the application.
Authorities Cited
- OCGA § 5-6-34(b)
- Islamkhan v. Khan299 Ga. 548 (2016)
- Duke v. State306 Ga. 171 (2019)
Parties
- Appellant
- Allied Property Group, LLC
- Appellee
- Perrin Oaks Homeowners Association, Inc.
- Appellee
- Individual board members (unnamed)
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- Trial court certificate of immediate review granted
- 2026-03-17
- Interlocutory application filed in Court of Appeals
- 2026-03-31
- Court of Appeals order dismissing application
- 2026-04-23
What You Should Do Next
- 1
Consider filing appeal after final judgment
If the trial court enters final judgment adverse to Allied, it can timely file a notice of appeal from that final judgment in the appropriate appellate court.
- 2
Consult counsel about procedural options
Allied should consult its attorney to confirm deadlines, explore whether any other interlocutory avenues exist, and plan appellate strategy moving forward.
- 3
Continue defending against counterclaims
Because the trial court left defendants' counterclaims pending, Allied should prepare for further trial-court proceedings on those claims and any associated discovery or motions.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed Allied’s application for interlocutory review because it was filed after the ten-day deadline set by statute, so the court had no jurisdiction to consider it.
- Who is affected by this decision?
- Allied Property Group is affected because its request for immediate appellate review was dismissed; the HOA and board members remain subject to the trial-court proceedings and any counterclaims.
- What happens next in the case?
- Allied must wait for a final judgment in the trial court before appealing the dismissal of its claims, unless the trial court takes some other immediate action that qualifies under the statute.
- Could Allied have avoided this outcome?
- Yes. By filing its application within ten days after the trial court issued the certificate of immediate review (per OCGA § 5-6-34(b)), Allied would have preserved jurisdiction in the Court of Appeals.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 23, 2026
The Court of Appeals hereby passes the following order:
A26I0178. ALLIED PROPERTY GROUP, LLC v. PERRIN OAKS
HOMEOWNERS ASSOCIATION, INC., et al.
After Allied Property Group, LLC made substantial modifications to the
exterior of a home it owns in the Perrin Oaks subdivision, the subdivision’s
homeowners association (“HOA”) cited the company for failure to comply with the
neighborhood’s declaration of covenants. Additionally, the HOA issued a directive
to Allied requiring it to remediate any modifications that violated the Declarations,
and imposed fines for every day the property remained in violation. Allied then filed
the underlying action asserting a number of claims against the HOA and its individual
board members (collectively, “Defendants”). Defendant asserted several
counterclaims, sought a protective order, moved to dismiss Allied’s claims against
them. Following a hearing, the trial court entered an order dismissing all of the claims
brought by Allied, but left the Defendants’ counterclaims pending.1 On March 17,
2026 the trial court granted Allied a certificate of immediate review. Allied filed this
application for interlocutory review on March 31, 2026. We lack jurisdiction.
Under OCGA § 5-6-34(b), a party may request interlocutory review if the trial
court certifies within ten days of entry of the order at issue that immediate review
should be had. Additionally, an application for interlocutory review must be filed in
this Court within ten days after the certificate of immediate review is granted. OCGA §
5-6-34(b). See Genter v. State, 218 Ga. App. 311, 311 (460 SE2d 879) (1995); Graves
1
The order also denied as moot Defendants’ motion for a protective order.
v. Dean, 166 Ga. App. 186, 186 (303 SE2d 751) (1983). Here, the trial court entered
the certificate of immediate review on March 17, 2026, meaning that Allied had to file
its application for interlocutory appeal no later than March 27, 2026. Allied’s
application, however, was not filed until March 31, 2026.
The requirements of OCGA § 5-6-34(b) are jurisdictional, and if a party seeking
interlocutory review does not comply with these requirements, we lack jurisdiction to
consider its application. See Islamkhan v. Khan, 299 Ga. 548, 551(2) (787 SE2d 731)
(2016) (“when the order appealed from is an interlocutory order, the appellate court
does not acquire jurisdiction unless the procedure of OCGA § 5–6–34(b) for
interlocutory appeal is followed”) (citation and punctuation omitted). Accord
Settendown Pub. Utility, LLC v. Waterscape Utility, LLC, 324 Ga. App. 652, 653 (751
SE2d 463) (2013) (the “interlocutory appeal statute is not a run-of-the-mill procedural
provision [but instead] is a jurisdictional law by which the General Assembly has
limited the authority of Georgia’s appellate courts to hear certain cases”) (citation and
punctuation omitted). Instead, where a party files an untimely application for
interlocutory appeal, it must wait until after the entry of final judgment to appeal. See
Duke v. State, 306 Ga. 171, 178(3)(a) (829 SE2d 348) (2019).
Because we are without jurisdiction to consider this application, it is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/23/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.