Reginald Charles Harvey v. U.S. Nature-Invest Holdings, LLC
Docket A26A1540
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- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- A26A1540
Appeal from post-judgment trial court orders denying multiple motions following a declaratory judgment action
Summary
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.
Issues Decided
- Whether the Court of Appeals has jurisdiction over Harvey’s appeal given the timing of his notice of appeal
- Whether a notice of appeal filed 38 days after the trial-court order satisfies OCGA § 5-6-38(a)
- Whether the denial or dismissal of a request for a certificate of immediate review is directly appealable
Court's Reasoning
Under OCGA § 5-6-38(a), a notice of appeal must be filed within 30 days of the entry of the order being appealed, and timely filing is an absolute jurisdictional requirement. Harvey filed his notice 38 days after the February 6, 2026 order, so it was untimely and did not confer jurisdiction on the Court of Appeals. Although Harvey also sought review of an earlier denial of reconsideration, the court noted denial of a certificate of immediate review is not subject to direct appeal and the time to seek that certificate had already expired.
Authorities Cited
- OCGA § 5-6-38(a)
- Ebeling v. State355 Ga. App. 469 (844 SE2d 518) (2020)
- OCGA § 5-6-34(b)
- Price v. State237 Ga. 352 (227 SE2d 368) (1976)
Parties
- Appellant
- Reginald Charles Harvey
- Appellee
- U.S. Nature-Invest Holdings, LLC
- Court
- Court of Appeals of the State of Georgia
Key Dates
- Complaint filed
- 2024-09-01
- Declaratory judgment entered
- 2025-01-01
- Motion for reconsideration denied
- 2025-02-25
- Trial court denied multiple motions (order appealed)
- 2026-02-06
- Notice of appeal filed
- 2026-03-16
- Court of Appeals decision dismissing appeal
- 2026-04-21
What You Should Do Next
- 1
Consult an attorney promptly
Harvey should consult counsel to review whether any procedural remedies, timely motions, or re-filing options remain in the trial court, and to confirm whether any deadlines bar further actions.
- 2
Evaluate trial-court options
Consider filing appropriate post-judgment motions in the trial court, or moving to reinstate or reassert damages claims if permissible, taking into account any applicable statutes of limitation or court orders.
- 3
Review possibility of extraordinary relief
If there is a colorable basis, counsel can explore extraordinary remedies (for example, mandamus or equitable relief) in the appellate courts, though such relief is rarely granted and has strict standards.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed the appeal because Harvey’s notice of appeal was filed after the 30-day deadline required by Georgia law, so the court had no jurisdiction to hear the case.
- Who is affected by this decision?
- The decision affects Harvey (the appellant) and U.S. Nature-Invest (the appellee); because the appeal was dismissed, the trial-court orders denying Harvey’s motions remain in effect.
- What happens next in the underlying case?
- With the appellate dismissal, the trial-court rulings stand and any remaining damages claims previously dismissed without prejudice may be pursued in the trial court subject to any applicable time limits or orders.
- Could Harvey have appealed a different order?
- Harvey attempted to seek immediate review of an earlier denial of reconsideration, but the court noted the denial of a certificate of immediate review is not directly appealable and the time to seek that certificate had expired.
- Can this dismissal be challenged further?
- Because the appeal was dismissed for lack of jurisdiction, Harvey could consider whether any narrow statutory remedies or extraordinary relief exist in state procedure, but ordinary direct appeal rights are forfeited by the late notice.
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 21, 2026
The Court of Appeals hereby passes the following order:
A26A1540. REGINALD CHARLES HARVEY v. U.S. NATURE-INVEST
HOLDINGS, LLC.
In September 2024, plaintiff U.S. Nature-Invest Holdings, LLC filed a
complaint for declaratory relief and damages, alleging that Reginald Charles Harvey,
without cause, filed a “Preliminary Notice of Lien” and a “Full Deed of
Conveyance” against the plaintiff’s real property. In January 2025, the trial court
entered an order granting the plaintiff’s claim for declaratory relief, and reserving the
damages claims. Harvey filed a motion for reconsideration, which the trial court
denied on February 25, 2025.
On September 11, 2025, the trial court granted the plaintiff’s motion to dismiss
without prejudice its remaining damages claims, and denied Harvey’s motion for
summary judgment. Harvey subsequently filed multiple motions, asking the trial court
to set aside the judgment, stay the proceedings, and compel arbitration. The trial court
denied the motions in November 2025. Thereafter, Harvey filed more motions making
the same requests, along with requests for the appointment of a special master, and
for summary judgment. On February 6, 2026, the trial court entered an order denying
all the motions. And on March 16, 2026, Harvey filed a notice of appeal. We, however,
lack jurisdiction.
Pretermitting whether Harvey is entitled to a direct appeal, his notice of appeal
was untimely. A notice of appeal must be filed within 30 days of entry of the judgment
or trial court order sought to be appealed. OCGA § 5-6-38(a). The proper and timely
filing of a notice of appeal is an absolute requirement to confer jurisdiction on this
Court. Ebeling v. State, 355 Ga. App. 469, 469 (844 SE2d 518) (2020). Because
Harvey’s notice of appeal was filed 38 days after entry of the trial court’s order, it is
untimely.1 Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/21/2026
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.
1
In February 2026, Harvey also filed a request for a certificate of immediate
review of the February 25, 2025 order denying his motion for reconsideration, which
the trial court dismissed on March 2, 2026, because the time to seek review of the
order had expired. See OCGA § 5-6-34(b) (a certificate of immediate review must be
filed within ten days of the entry of the order). Although the notice of appeal is timely
as to this order, the denial or dismissal of a request for a certificate of immediate
review is not subject to a direct appeal. Price v. State, 237 Ga. 352, 352–53(2) (227
SE2d 368) (1976).