Ardalan Karbasyoun v. Foamworks Alpharetta, LLC
Docket A26D0411
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- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Civil
- Disposition
- Granted
- Docket
- A26D0411
Application for discretionary appeal from a final judgment in a negligence case defended by Foamworks Alpharetta, LLC
Summary
The Court of Appeals granted Ardalan Karbasyoun's application for discretionary appeal from a final judgment in favor of Foamworks Alpharetta, LLC. The court concluded the trial-court order disposed of the entire case and therefore was a final, appealable order under Georgia law. Because a right of direct appeal exists for such final judgments, the Court granted the application and instructed Karbasyoun to file a notice of appeal in the trial court within ten days. The trial-court clerk must include this order in the record transmitted to the Court of Appeals.
Issues Decided
- Whether the trial court's order disposing of the entire case constituted a final, appealable judgment under OCGA § 5-6-34(a)(1)(B)
- Whether a timely discretionary application should be granted when a direct right of appeal exists
Court's Reasoning
The court applied OCGA § 5-6-34(a)(1)(B), which permits direct appeal from all final judgments that leave no issues pending. The order at issue disposed of the entire case and left the parties with no further recourse in the trial court, satisfying precedent on finality (citing Yanes v. Escobar). Because a direct appeal right existed, the Court of Appeals granted the discretionary application and directed procedural steps for filing the notice of appeal and transmitting the record.
Authorities Cited
- OCGA § 5-6-34(a)(1)(B)
- OCGA § 5-6-35(j)
- Yanes v. Escobar362 Ga. App. 896 (2022)
- OCGA § 5-6-35(g)
Parties
- Appellant
- Ardalan Karbasyoun
- Appellee
- Foamworks Alpharetta, LLC
- Judge
- Court of Appeals of the State of Georgia
- Attorney
- Clerk, Court of Appeals (certifying officer)
Key Dates
- Court of Appeals order date
- 2026-04-08
What You Should Do Next
- 1
File notice of appeal
If not already filed, Karbasyoun must file a notice of appeal in the trial court within ten days of the April 8, 2026 order as directed by OCGA § 5-6-35(g).
- 2
Ensure record transmission
Confirm the trial-court clerk includes this Court of Appeals order in the record to be transmitted to the Court of Appeals, as the clerk was directed to do.
- 3
Consult appellate counsel
Engage or consult appellate counsel to prepare the appellate brief and ensure compliance with Court of Appeals deadlines and procedural requirements.
Frequently Asked Questions
- What did the Court of Appeals decide?
- The court granted the application to appeal, finding the trial-court judgment was final and thus eligible for direct appeal.
- Who is affected by this order?
- Ardalan Karbasyoun (the appellant) and Foamworks Alpharetta, LLC (the appellee) are directly affected; the trial-court record will be sent to the Court of Appeals.
- What must the appellant do next?
- Karabasyoun must file a notice of appeal in the trial court within ten days of the April 8, 2026 order if he has not already done so.
- Can this decision be appealed further?
- This order grants permission to pursue a direct appeal to the Court of Appeals; further review after the Court of Appeals' decision could be possible to the Georgia Supreme Court under its rules, subject to that court's discretion.
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 08, 2026
The Court of Appeals hereby passes the following order:
A26D0411. ARDALAN KARBASYOUN v. FOAMWORKS ALPHARETTA,
LLC.
Ardalan Karbasyoun brought an action for negligence and other claims against
Foamworks Alpharetta, LLC, in connection with damage he alleged his vehicle
sustained at a car wash service. After the trial court entered a final judgment in favor
of Foamworks Alpharetta, Karbasyoun filed this timely application for discretionary
appeal. Because Karbasyoun had a right of direct appeal, we grant the application.
Under OCGA § 5-6-34(a)(1)(B), a party may file a direct appeal from “[a]ll final
judgments, that is to say, where the case is no longer pending in the court below,
except as provided in Code Section 5-6-35.” Given that the order Karbasyoun seeks
to appeal disposed of the entire case, it constitutes a final order. See Yanes v. Escobar,
362 Ga. App. 896, 897 (870 SE2d 506) (2022) (“an order is final and appealable when
it leaves no issues remaining to be resolved, constitutes the court’s final ruling on the
merits of the action, and leaves the parties with no further recourse in the trial court”)
(citation and punctuation omitted). Consequently, Karbasyoun has a right of direct
appeal from that order. See OCGA § 5-6-34(a)(1)(B).
This Court will grant a timely discretionary application if the lower court’s
order is subject to direct appeal. See OCGA § 5-6-35(j). Accordingly, this application
is hereby GRANTED. Karbasyoun shall have ten days from the date of this order to
file a notice of appeal with the trial court, if he has not already done so. See OCGA §
5-6-35(g). The clerk of the trial court is DIRECTED to include a copy of this order in
the record transmitted to the Court of Appeals.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/08/2026
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.