What did the court decide?

The Court of Appeals dismissed the appeal because the appellant did not follow the required discretionary-appeal procedures, so the court said it lacked jurisdiction to hear the case.

Who is affected by this decision?

The immediate effect falls on Vernard K. Carter, Jr., whose appeal was dismissed; ACE Homes, LLC retains the superior court's writ of possession unless another proper appeal or remedy is pursued.

The dismissal leaves intact the superior court's writ of possession unless Carter successfully pursues a proper discretionary appeal or another available remedy in the time allowed by law.

Can this decision be appealed?

Dismissal for lack of jurisdiction is generally final at this level; to continue, the appellant would need to pursue the correct discretionary-appeal route or other authorized proceeding if time and rules permit.

Vernard K. Carter, Jr. v. Ace Homes, LLC

Docket A26A1796

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

CivilDismissed

Filed: Apr 27, 2026 · 4 days ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Dismissed
Docket: A26A1796

Direct appeal to the Court of Appeals from a superior court writ of possession after the superior court's de novo review of a magistrate court dispossessory ruling.

Summary

The Court of Appeals dismissed Vernard K. Carter, Jr.'s appeal from a superior court writ of possession because the appeal was subject to discretionary-appeal procedures. The case began as a dispossessory action in magistrate court, was reviewed de novo by the superior court, and then appealed directly to this Court. The Court held it lacked jurisdiction because Carter did not follow the statutory discretionary-appeal process required for appeals from superior-court de novo reviews of magistrate-court rulings (OCGA § 5-6-35(a)(1) and controlling precedent). The appeal was therefore dismissed.

Issues Decided

Whether the Court of Appeals had jurisdiction to hear an appeal from a superior court de novo review of a magistrate court dispossessory ruling without the appellant using discretionary-appeal procedures.
Whether failure to comply with OCGA § 5-6-35(a)(1) discretionary-appeal procedures deprives the Court of Appeals of jurisdiction.

Court's Reasoning

The Court found that when a superior court reviews a magistrate court ruling de novo, appeals to the Court of Appeals are subject to the state's discretionary-appeal procedures. Because Carter did not follow the required procedures prescribed by OCGA § 5-6-35(a)(1) and relevant precedent (Greig v. Putnam County), the Court concluded it lacked jurisdiction to consider the appeal. That lack of jurisdiction compelled dismissal rather than consideration on the merits.

Authorities Cited

OCGA § 5-6-35(a)(1)
Greig v. Putnam County237 Ga. App. 57 (513 SE2d 294) (1999)

Parties

Appellant: Vernard K. Carter, Jr.
Appellee: ACE Homes, LLC
Judge: Court of Appeals of the State of Georgia
Judge: Clerk

Key Dates

Court of Appeals decision date: 2026-04-27

What You Should Do Next

1
Consult an attorney about appellate options
Talk with counsel promptly to determine whether a discretionary appeal or other post-judgment remedy is available and timely under OCGA rules and applicable deadlines.
2
Review and comply with appeal procedures
If an appeal is still possible, ensure all discretionary-appeal procedures under OCGA § 5-6-35(a)(1) and local rules are followed exactly to preserve jurisdiction.
3
Consider enforcement or relief options in superior court
If appeal is infeasible, discuss with counsel steps to respond to or seek relief from the writ of possession, including motions in superior court or settlement negotiations.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed the appeal because the appellant did not follow the required discretionary-appeal procedures, so the court said it lacked jurisdiction to hear the case.
Who is affected by this decision?: The immediate effect falls on Vernard K. Carter, Jr., whose appeal was dismissed; ACE Homes, LLC retains the superior court's writ of possession unless another proper appeal or remedy is pursued.
What happens next?: The dismissal leaves intact the superior court's writ of possession unless Carter successfully pursues a proper discretionary appeal or another available remedy in the time allowed by law.
Can this decision be appealed?: Dismissal for lack of jurisdiction is generally final at this level; to continue, the appellant would need to pursue the correct discretionary-appeal route or other authorized proceeding if time and rules permit.

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 27, 2026

The Court of Appeals hereby passes the following order:

A26A1796. VERNARD K. CARTER, JR. v. ACE HOMES, LLC.

This dispossessory matter originated in magistrate court. Following an adverse
ruling, Vernard K. Carter, Jr. filed a petition for review in superior court. The superior
court issued a writ of possession, and Carter filed this direct appeal. We, however,
lack jurisdiction.
Because the underlying issue involves the superior court’s de novo review of
a magistrate court ruling, Carter was required to follow the discretionary appeal
procedures in order to appeal. OCGA § 5-6-35(a)(1); Greig v. Putnam County, 237 Ga.
App. 57, 57 (513 SE2d 294) (1999). Carter’s failure to comply with the requisite
procedures deprives this Court of jurisdiction to consider this appeal, which is hereby
DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/27/2026
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.