What did the Court of Appeals decide?

The Court dismissed the defendants' appeal because it lacked jurisdiction: the appeal was the wrong procedure for a superior-court de novo review and the notice of appeal was filed late.

Who is affected by this decision?

The defendants (Michael Richardson and Viola Garris) are affected because their attempt to appeal the superior court judgment in the dispossessory action was dismissed.

What happens next for the defendants?

They remain subject to the superior court judgment and writ of possession unless they can obtain relief through a timely and proper discretionary appeal, a motion for reconsideration if procedurally available, or other appropriate post-judgment relief in superior court.

Why was the appeal untimely?

Under the Georgia dispossessory statute, a notice of appeal must be filed within seven days of entry of the superior court judgment; the defendants filed 15 days after entry.

Can this dismissal be appealed further?

Because the Court of Appeals dismissed for lack of jurisdiction, the defendants might consider seeking discretionary review from the Georgia Supreme Court, but such relief would require showing a basis for the Court to accept jurisdiction.

MICHAEL RICHARDSON v. REALISTRY ACQUISITIONS, LLC

Docket A26A1752

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

CivilDismissed

Filed: Apr 29, 2026 · 2 days ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Dismissed
Docket: A26A1752

Direct appeal to the Court of Appeals from denial of post-judgment motions following superior court de novo review of a magistrate-court dispossessory dismissal

Summary

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.

Issues Decided

Whether the Court of Appeals has jurisdiction over a direct appeal from a superior court de novo review of a magistrate court dispossessory ruling
Whether the defendants' notice of appeal was timely under OCGA § 44-7-56(b)(1)

Court's Reasoning

The court held it lacked jurisdiction for two independent reasons. First, Georgia law requires plaintiffs or defendants seeking review of a superior court's de novo review of a magistrate ruling to follow discretionary-appeal procedures, so a direct appeal was not available. Second, the dispossessory statute requires filing a notice of appeal within seven days of the superior court judgment, but the defendants filed their notice 15 days after entry, making the appeal untimely. Because either defect deprives the Court of Appeals of jurisdiction, the appeal was dismissed.

Authorities Cited

OCGA § 5-6-35(a)(1)
OCGA § 44-7-56(b)(1)
English v. Delbridge216 Ga. App. 366 (1995)

Parties

Appellant: Michael Richardson
Appellant: Viola Garris
Appellee: Realistry Acquisitions, LLC
Court: Court of Appeals of the State of Georgia

Key Dates

Superior court judgment and writ of possession entered: 2025-10-23
Superior court denied post-judgment motions: 2026-02-17
Notice of appeal filed by defendants: 2026-03-04
Court of Appeals order dismissing appeal: 2026-04-29

What You Should Do Next

1
Consult an attorney promptly
Talk to appellate counsel to evaluate possible avenues for relief, including whether discretionary review or other post-judgment motions are available and appropriate given the jurisdictional issues and timing.
2
Consider filing for discretionary review
If there is a colorable argument that jurisdictional requirements were satisfied or that the case raises important legal questions, discuss seeking discretionary review in the Georgia Supreme Court and verify filing deadlines.
3
Review superior-court remedies
Explore whether the superior court will entertain any limited post-judgment relief (e.g., motions based on newly discovered evidence or procedural defects) and the applicable deadlines and standards.

Frequently Asked Questions

What did the Court of Appeals decide?: The Court dismissed the defendants' appeal because it lacked jurisdiction: the appeal was the wrong procedure for a superior-court de novo review and the notice of appeal was filed late.
Who is affected by this decision?: The defendants (Michael Richardson and Viola Garris) are affected because their attempt to appeal the superior court judgment in the dispossessory action was dismissed.
What happens next for the defendants?: They remain subject to the superior court judgment and writ of possession unless they can obtain relief through a timely and proper discretionary appeal, a motion for reconsideration if procedurally available, or other appropriate post-judgment relief in superior court.
Why was the appeal untimely?: Under the Georgia dispossessory statute, a notice of appeal must be filed within seven days of entry of the superior court judgment; the defendants filed 15 days after entry.
Can this dismissal be appealed further?: Because the Court of Appeals dismissed for lack of jurisdiction, the defendants might consider seeking discretionary review from the Georgia Supreme Court, but such relief would require showing a basis for the Court to accept jurisdiction.

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 29, 2026

The Court of Appeals hereby passes the following order:

A26A1752. MICHAEL RICHARDSON et al v. REALISTRY ACQUISITIONS,
LLC.

Realistry Acquisitions, LLC commenced dispossessory proceedings in
magistrate court against Michael Richardson and Viola Garris (collectively, “the
Defendants”). The magistrate court dismissed the case, and Realistry filed a petition
for review in superior court. On October 23, 2025, the superior court entered
judgment in favor of Realistry and issued a writ of possession. Thereafter, the
Defendants filed a series of post-judgment motions, which the superior court denied
on February 17, 2026. The Defendants filed a notice of appeal from this ruling on
March 4, 2026. We lack jurisdiction for at least two reasons.
First, because the underlying issue involves the superior court’s de novo review
of a magistrate court ruling, the Defendants were required to follow the discretionary
appeal procedures. See OCGA § 5-6-35(a)(1); English v. Delbridge, 216 Ga. App. 366,
367 (454 SE2d 175) (1995). Second, the notice of appeal is untimely. Under OCGA §
44-7-56(b)(1), a notice of appeal in a dispossessory action “shall be filed within seven
days of the date such judgment was entered[.]” Here, however, the Defendants filed
the notice of appeal 15 days after entry of the superior court’s order.
For these reasons, we lack jurisdiction over this direct appeal, which is hereby
DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/29/2026
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.