What did the court decide?

The Court of Appeals granted a motion to remand the case back to the State Court of Forsyth County, returning the matter for further state-court proceedings.

Who is affected by this order?

The parties to the case, Downey Trees, Inc. and Stephens, are affected because the appeal was sent back to the trial court for resolution of outstanding issues.

What happens next in the case?

The state trial court will resume handling the case, including deciding the pending motion to enforce settlement; after that decision, either party has 30 days to file a new notice of appeal.

Downey Trees, Inc. v. Jermaine Stephens

Docket A26A1312

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilRemanded

Filed: Apr 22, 2026 · 1 week ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Remanded
Docket: A26A1312

Order of the Court of Appeals granting a motion to remand a civil appeal to the State Court of Forsyth County.

Summary

The Georgia Court of Appeals granted the appellee's motion to remand the case Downey Trees, Inc. v. Stephens to the State Court of Forsyth County. The clerk was ordered to remand the matter, and the order allows either party to file a new notice of appeal within 30 days after resolution of a pending motion to enforce settlement. The decision is procedural and simply returns the case to the state court for further proceedings rather than addressing the underlying merits.

Issues Decided

Whether the appellate court should remand the case to the state trial court.
Whether parties may file a new notice of appeal after resolution of a pending motion to enforce settlement.

Court's Reasoning

The Court granted the appellee's motion to remand, indicating it concluded remand to the state court was appropriate without deciding the merits of the underlying dispute. The order also preserves the parties' appellate rights by allowing either party to file a notice of appeal within 30 days after the state court resolves the pending motion to enforce settlement. The ruling is procedural, directing return to the trial court for further proceedings.

Parties

Appellant: DOWNEY TREES, INC.
Appellee: STEPHENS
Judge: Court of Appeals of the State of Georgia
Judge: Clerk, Court of Appeals of Georgia

Key Dates

Court order date: 2026-04-22
Deadline to file new notice of appeal: 2026-05-22

What You Should Do Next

1
Proceed in State Court
Counsel for the parties should prepare to continue litigating or resolving the pending motion to enforce settlement in the State Court of Forsyth County as the appeal has been remanded.
2
Monitor timeline for appeal
After the state court rules on the motion to enforce settlement, either party should be ready to file a notice of appeal within 30 days if they intend to return to the Court of Appeals.
3
Consider settlement options
Given the pending motion to enforce settlement, parties may reassess settlement negotiations to avoid further litigation and appeals.

Frequently Asked Questions

What did the court decide?: The Court of Appeals granted a motion to remand the case back to the State Court of Forsyth County, returning the matter for further state-court proceedings.
Who is affected by this order?: The parties to the case, Downey Trees, Inc. and Stephens, are affected because the appeal was sent back to the trial court for resolution of outstanding issues.
What happens next in the case?: The state trial court will resume handling the case, including deciding the pending motion to enforce settlement; after that decision, either party has 30 days to file a new notice of appeal.
Can the decision be appealed?: Yes; the order expressly allows either party to file a notice of appeal within 30 days after the state court resolves the pending motion to enforce settlement.

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 22, 2026

The Court of Appeals hereby passes the following order:

A26A1312. DOWNEY TREES, INC. v. STEPHENS.

      Upon consideration of Appellee’s Motion to Remand, the same is hereby
GRANTED. The Clerk is ORDERED to remand this case to the State Court of
Forsyth County. Either party may file a notice of appeal within 30 days of resolution
of the pending motion to enforce settlement.

                                       Court of Appeals of the State of Georgia
                                         Clerk’s Office, Atlanta,____________________
                                                                     04/22/2026
                                                  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.