Jeremy Knowles v. Chelsea Knowles
Docket A26E0186
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Civil
- Disposition
- Denied
- Docket
- A26E0186
Emergency motion for a stay of enforcement pending appellate review after discretionary application was granted
Summary
The Georgia Court of Appeals denied Jeremy Knowles's emergency motion for a stay of enforcement because he had not filed a notice of appeal in the trial court. Although Knowles's application for discretionary review was granted on March 10, 2026, he was given ten days to file a notice of appeal and the court confirmed no notice had been filed in DeKalb County Superior Court. Because there was no notice to operate as a supersedeas of the trial court’s final order, the Court declined to use its emergency stay power under its rules and denied the motion.
Issues Decided
- Whether the Court should exercise its emergency authority to stay enforcement of a trial court's final order when no notice of appeal has been filed in the trial court
- Whether a pending application for discretionary appeal alone operates as a supersedeas of the trial court’s final order
Court's Reasoning
The court relied on the factual absence of a filed notice of appeal in the trial court, which meant there was no operative supersedeas to suspend enforcement. Because the appellant had not complied with the directive to file a notice of appeal within the time specified, the Court declined to use its limited emergency powers under its rule to grant a stay. The lack of the procedural filing was dispositive.
Authorities Cited
- Court of Appeals Rule 40(b)
Parties
- Appellant
- Jeremy Knowles
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- Court order date
- 2026-04-23
- Discretionary application granted
- 2026-03-10
What You Should Do Next
- 1
File a notice of appeal in the trial court
If eligible, file a stamped notice of appeal in DeKalb County Superior Court immediately to create an operative appeal; follow any time limits set by the Court when discretionary review was granted.
- 2
Consult an attorney
Talk with appellate counsel promptly to confirm whether the appeal can be perfected and whether any additional emergency relief or motions are available.
- 3
Consider filing a motion for reconsideration or rehearing
If there are grounds, inquire whether a motion to reconsider or for a stay pending appeal can be filed, and verify required procedures and deadlines.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals denied the emergency request to stay enforcement of the trial court's order because no notice of appeal had been filed in the trial court.
- Why was the motion denied?
- Because the clerk confirmed that no stamped notice of appeal was filed in DeKalb County Superior Court, there was no notice to serve as a stay of enforcement, and the Court declined to use its emergency power to grant a stay.
- Who is affected by this decision?
- Jeremy Knowles, whose motion was denied, and any parties subject to enforcement of the trial court's final order are affected because enforcement may proceed.
- Can this be appealed?
- This order is from the Court of Appeals acting on an emergency motion; options are limited, but Knowles may consult counsel about filing the required notice of appeal in the trial court or seeking other relief as appropriate.
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 23, 2026
The Court of Appeals hereby passes the following order:
A26E0186. KNOWLES v. KNOWLES.
Jeremy Knowles, proceeding pro se, has filed an “Emergency Motion for Stay
of Enforcement Pending Appellate Review” in which he asserts that an appeal is
pending before this Court. Knowles’s application for discretionary appeal was granted
on March 10, 2026, and he was given ten days to file a notice of appeal in the trial
court, if he had not already done so. Knowles has not included a stamped “filed” copy
of a notice of appeal with his emergency motion, and the clerk’s office of this Court
has confirmed with the clerk’s office of DeKalb County Superior Court that no such
notice has been filed. As a result, it does not appear that there is a notice of appeal
that would operate as supersedeas of the trial court’s final order.
We decline to exercise our limited emergency powers under Court of Appeals
Rule 40(b) to stay enforcement of the trial court’s final order. The emergency motion
is hereby DENIED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/23/2026
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.