What did the Court of Appeals decide?

The court dismissed the direct appeal because it had already denied the parties' earlier application for discretionary appeal, and that denial prevents a second appeal of the same order.

Who is affected by this decision?

Robert Stafford and Icon Studios, who sought review of the writ of possession, are affected because their attempt to pursue a direct appeal is barred.

What does this mean for the superior-court dismissal?

The superior-court dismissal stands because the court's denial of discretionary review is treated as an adjudication on the merits and prevents relitigation of the same issue in the appellate court.

Can Stafford represent Icon in court since he is the sole member?

The opinion references precedent that a corporation must be represented by a licensed attorney in a court of record, which was a basis for the superior court's dismissal of Stafford’s motion to be added as a party.

Can this be appealed further?

The decision notes lack of jurisdiction due to res judicata; further appeal would generally be barred absent a basis to overturn the prior denial, but parties could consult counsel about any narrow procedural or jurisdictional avenues remaining.

Robert Stafford v. Heritage Select, LLC

Docket A26A1557

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

CivilDismissed

Filed: Apr 28, 2026 · 3 days ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Dismissed
Docket: A26A1557

Direct appeal to the Court of Appeals following denial of an application for discretionary appeal after the superior court dismissed a petition for review of a magistrate-court writ of possession.

Summary

The Court of Appeals dismissed a direct appeal by Robert Stafford and Icon Studios, LLC because the Court previously denied their application for discretionary appeal and that denial constituted an adjudication on the merits, barring a second direct appeal. The case arose after Heritage purchased property at foreclosure, obtained a writ of possession in magistrate court, and brought a dispossessory action; Icon and Stafford sought superior-court review but the superior court dismissed the petition and Stafford’s motion to join. The Court held that the prior denial precludes relitigation and thus the court lacks jurisdiction to hear this direct appeal.

Issues Decided

Whether a previously denied application for discretionary appeal bars a subsequent direct appeal of the same underlying order.
Whether the Court of Appeals had jurisdiction to hear a direct appeal after denying discretionary review.

Court's Reasoning

The court concluded that its prior denial of the application for discretionary appeal was an adjudication on the merits of the underlying superior-court order and thus operates as res judicata. Precedent establishes that a ruling on an application for discretionary appeal prevents relitigation of the same matter, so allowing a second appeal would improperly give the parties another opportunity to challenge the same order.

Authorities Cited

Hook v. Bergen286 Ga. App. 258, 261 (649 SE2d 313) (2007)
Jackson v. State273 Ga. 320 (540 SE2d 612) (2001)
Eckles v. Atlanta Technology Group267 Ga. 801, 805(2) (485 SE2d 22) (1997)

Parties

Appellant: Robert Stafford
Appellant: Icon Studios, LLC
Appellee: Heritage Select, LLC
Appellee: Kennesaw Property Advisors, LLC
Plaintiff: Heritage Select, LLC (in magistrate court)
Defendant: Icon Studios, LLC (occupant)

Key Dates

Court of Appeals order: 2026-04-28
Denial of discretionary appeal (Case No. A26D0331): 2026-02-26

What You Should Do Next

1
Consult an attorney
Speak with appellate counsel to evaluate whether any narrow exceptions or procedural grounds exist to challenge the prior denial or to pursue relief in another forum.
2
Comply with existing orders
Unless and until a court orders otherwise, comply with the writ of possession and superior-court dismissal to avoid contempt or enforcement actions.
3
Consider corporate counsel for Icon
If Icon wishes to pursue future litigation, retain a licensed attorney to represent the company in court of record, as required by precedent.

Frequently Asked Questions

What did the Court of Appeals decide?: The court dismissed the direct appeal because it had already denied the parties' earlier application for discretionary appeal, and that denial prevents a second appeal of the same order.
Who is affected by this decision?: Robert Stafford and Icon Studios, who sought review of the writ of possession, are affected because their attempt to pursue a direct appeal is barred.
What does this mean for the superior-court dismissal?: The superior-court dismissal stands because the court's denial of discretionary review is treated as an adjudication on the merits and prevents relitigation of the same issue in the appellate court.
Can Stafford represent Icon in court since he is the sole member?: The opinion references precedent that a corporation must be represented by a licensed attorney in a court of record, which was a basis for the superior court's dismissal of Stafford’s motion to be added as a party.
Can this be appealed further?: The decision notes lack of jurisdiction due to res judicata; further appeal would generally be barred absent a basis to overturn the prior denial, but parties could consult counsel about any narrow procedural or jurisdictional avenues remaining.

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 28, 2026

The Court of Appeals hereby passes the following order:

A26A1557. ROBERT STAFFORD v. HERITAGE SELECT, LLC

Heritage Select, LLC and Kennesaw Property Advisors. LLC (collectively,
“Heritage”) purchased at a foreclosure sale property belonging to Seven Ventures
Holdings and Associates, LLC. Following that purchase, Heritage filed the underlying
dispossessory action in magistrate court against Seven Ventures and all other
occupants of the property. The magistrate court granted Heritage a writ of possession,
and the property’s occupant, Icon Studios, LLC, and Robert Stafford (Icon’s sole
member) jointly filed a petition for review in the superior court.1 Additionally,
Stafford filed a motion to be added as a party. Heritage filed a motion to dismiss,
arguing that because Stafford had not been a party to the proceeding in magistrate
court, he lacked standing to appeal the writ of possession. Heritage further asserted
that Stafford could not represent Icon because, as a corporate entity, the company was
required to be represented by a licensed attorney. See Eckles v. Atlanta Technology
Group, 267 Ga. 801, 805(2) (485 SE2d 22) (1997) (“In this state, only a licensed
attorney is authorized to represent a corporation in a proceeding in a court of record
. . . .”). The superior court agreed with Heritage and dismissed both the petition for
review and Stafford’s motion seeking to be added as a party.
Stafford and Icon filed an application for discretionary appeal in this Court,
which we denied. See Case No. A26D0331 (February 26, 2026). Stafford and Icon

1
Icon was occupying the property pursuant to a lease it had with Seven
Ventures.
then filed this direct appeal. We, however, lack jurisdiction.
Our denial of Stafford’s and Icon’s application in Case No. A26D0331 was an
adjudication on the merits of the underlying order and bars the instant appeal. See
Hook v. Bergen, 286 Ga. App. 258, 261(1) (649 SE2d 313) (2007) (a ruling on an
application for discretionary appeal acts as res judicata in later proceedings); see also
Jackson v. State, 273 Ga. 320, 320 (540 SE2d 612) (2001) (a party “is not entitled to
another bite at the apple by way of a second appeal”). Accordingly, this direct appeal
is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/28/2026
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.