Martha Carey v. Jared Spivey
The legal issue is whether a family violence protective order involving custody and visitation restrictions is subject to discretionary review or direct appeal. The Georgia Court of Appeals hereby GRANTED the...
Monthly archive
September 2026
79 summarized civil decisions from the Georgia Court of Appeals.
Venesia Flowers v. Victoria Williams
The legal issue involved a discretionary application for review of a default judgment entered in magistrate court, which lacked jurisdiction for appeal. The Georgia Court of Appeals held that no appeal lies from a...
Tyshun A. Adeloye v. Karrissa A. Johnson
The legal issue involved whether a notice of appeal divested a trial court's jurisdiction when a motion for a new trial was filed concurrently. The Georgia Court of Appeals granted the motion to remand for the trial...
Kaylisse Taylor v. 3001 Northeast Expressway Owner (Ga) LLC D/B/A Verdant Peachtree Creek
The legal issue involved a timely application for discretionary appeal from a magistrate court judgment regarding a writ of possession, which the Court of Appeals determined lacked jurisdiction. The Georgia Court of...
Phillip Asher et al. v. United Services Automobile Association
The legal issue involved whether the trial court's order reserving a ruling on monetary sanctions was final and appealable. The Georgia Court of Appeals held that because the trial court reserved a ruling on sanctions,...
State Farm Mutual Automobile Insurance Company v. James Adamson
The legal issue involved whether State Farm was required to comply with interlocutory appeal procedures after a trial court granted a new trial. The Georgia Court of Appeals held that because a judgment granting a new...
AIKG, LLC et al v. SLADE FIDLER
The legal issue involved whether the trial court correctly granted summary judgment and denied spoliation sanctions based on evidence preservation and contract interpretation. The Georgia Court of Appeals vacated the...
SLADE FIDLER v. AIKG, LLC et al
The legal issue involved whether the trial court correctly granted summary judgment and denied spoliation sanctions based on evidence preservation and contract interpretation. The Georgia Court of Appeals vacated the...
Ykk (U.S.A.), Inc. v. Macon-Bibb County Board Of Tax Assessors
YKK appealed a trial court's grant of summary judgment regarding a freeport tax exemption denial based on an untimely application. The Georgia Court of Appeals affirmed the trial court's decision because the...
Yvonne E. Beckford v. Yvette E. Campbell et al.
The legal issue involved whether an order granting a motion to enforce a settlement agreement constitutes a final judgment for the purpose of an appeal. The Georgia Court of Appeals held that because a final judgment...
Shalda Hill et al. v. Kittery Point Homeowners Association, Inc. et al.
Shalda Hill sought to supplement the appellate record due to allegedly missing portions, which necessitated a delay in preparation. The Georgia Court of Appeals REMANDED the case to the Superior Court of Gwinnett...
Jessica Murphy v. Tah Operations et al.
Jessica Murphy sought a discretionary appeal from a magistrate court judgment regarding past-due rent, but the Court of Appeals lacked jurisdiction because the order had not been reviewed by a state or superior court....
Samuel F. Cooper v. Truist Bank
Samuel F. Cooper sought appellate review of a trial court's denial of a motion to recuse a judge, which was subsequently transferred to the Court of Appeals. The Georgia Court of Appeals held that Cooper lacked...
Gary Jones v. Georgia Ports Authority
Gary Jones appealed a trial court's grant of summary judgment in his negligence action against the Georgia Ports Authority regarding a crane incident. The Georgia Court of Appeals AFFIRMED the decision, finding genuine...
Rebecca Earnshaw v. Atlanta Urban Design Commission et al.
Rebecca Earnshaw challenged the superior court's dismissal of her petition for review based on a lack of standing, arguing the issue was waived because it was not raised before the administrative body. The Georgia...
Kamaria Shivers v. Stonecrest Investment Group,Llc, d/b/a Greenbriar Commons, S.E.A.M.S. LLC
The legal issue involved a timely application for discretionary appeal from a magistrate court judgment regarding past-due rent, which the Court of Appeals determined lacked jurisdiction. The Georgia Court of Appeals...
Michael S. Howard et al. v. Tawaine Hagans
The legal issue involved whether an order denying a motion to strike was directly appealable because the underlying action remained pending below. The Georgia Court of Appeals held that because the action was not...
Reginald Whisenton et al. v. Global Accounting Network, Inc.
The legal issue involved whether an order reserving the issue of attorney fees under OCGA § 13-6-11 made a trial court judgment final and appealable. The Georgia Court of Appeals held that because the trial court order...
Glenwood Motel Enterprise, Inc. v. Lewayne Martin
The legal issue is whether Glenwood Motel's acceptance of a settlement offer was valid given Martin's condition regarding an affidavit of no additional insurance coverage. The Georgia Court of Appeals affirmed the...
The City Of Atlanta v. Mara Jacobs
Mara Jacobs sued the City of Atlanta for negligence after tripping over a metal slab on a sidewalk, and the City appealed the denial of its motions for judgment notwithstanding the verdict. The Georgia Court of Appeals...
Christopher Okpala v. Cordia Georgia 2 LLC Cordia Management Corey Fitzgerald (Agent)
The legal issue involved Christopher Okpala's application for discretionary appeal from a magistrate court judgment regarding past-due rent, which the Court of Appeals determined lacked jurisdiction. The Georgia Court...
Hampton Oaks Community Association, Inc. v. Mark Baker et al.
Hampton Oaks Community Association, Inc. sought to appeal a trial court's denial of a motion to vacate a default judgment due to the failure to hold a damages hearing. The Georgia Court of Appeals DISMISSED the...
Jeanna Stevens, Surviving Spouse Of Richard Stevens et al. v. Shaqille Kwame Baker et al.
The legal issue involved whether the direct appeal was proper given the trial court's dismissal of some claims and the lack of a final judgment on all claims. The Georgia Court of Appeals held that because no final...
Luis Dorantes v. Bmf V Ga Dunwoody Village, LLC D/B/A Dunwoody Village
The legal issue involved whether an application for discretionary review of a superior court's dismissal was timely filed. The Georgia Court of Appeals DISMISSED the application because it was filed outside the...
Valer Caldwell v. Rock Rose Stoneridge Property LLC d/b/a The Park At Stonehaven
The legal issue involved Valer Caldwell's application for discretionary review of a magistrate court judgment following a consent order. The Georgia Court of Appeals held that the application was improper because...
Omine Stephens v. Gbfr Ii Cedarcrest LLC/Greystar
The legal issue involved whether the application for discretionary review of a magistrate court order was timely filed. The Georgia Court of Appeals held that the application was untimely because it was filed more than...
Daquisha Barber v. Hpa Ii Borrower 2020-2, LLC et al.
The legal issue involved whether a direct appeal was proper after a state court denied a motion to set aside a consent judgment. The Georgia Court of Appeals held that the defendant's failure to comply with the...
Carolyn Wright v. R And R Atlanta, LLC
The legal issue involved the appellant's failure to file an enumeration of errors and brief within the time permitted by the Court of Appeals rules after the appeal was docketed. The Georgia Court of Appeals granted...
Gemetris Maddox v. Michael Charles Newsome
The legal issue involved an appeal seeking modification of parenting time and child support following a trial court order. The Georgia Court of Appeals DISMISSED the appeal because it was filed outside the required...
Adrian Jackson v. Janell A. Francis Brown
The legal issue involved whether an order continuing a parenting time suspension was directly appealable under Georgia law. The Georgia Court of Appeals held that because the order was subject to direct appeal, the...
Elaine Turner v. Barbara Rivera Holmes, Commissioner et al.
The legal issue involved whether Elaine Turner's discretionary application for review of a trial court order was timely filed under the relevant procedure. The Georgia Court of Appeals held that the application was...
Karon Courtney v. Moody Law P.C. et al.
The legal issue involved a pro se plaintiff seeking discretionary review of a trial court order requiring a supersedeas bond, which was ultimately denied due to a jurisdictional time limit. The Georgia Court of Appeals...
Benjamin Baier v. Kimberly Baier
The legal issue involved Benjamin Baier's attempt to seek discretionary review of a divorce decree by filing a late application outside the statutory deadline. The Georgia Court of Appeals held that because the...
In The Interest Of M. R. S., A Child (Mother)
The legal issue involved whether the juvenile court properly determined the mother's right to an out-of-time appeal based on ineffective assistance of counsel. The Georgia Court of Appeals held that the juvenile court...
Shanta Smith v. Station R Apartments, LLC D/B/A Station R
The legal issue involved whether Shanta Smith had a right to direct appeal after the trial court granted Station R Apartments, LLC a writ of possession and monetary judgment for past-due rent exceeding $2,500. The...
Leshon Nelson v. Evi Cws Quill, LLC D/B/A The Quill
Both of 1 The superior court ultimately issued its own writ of possession and thereafter dismissed Nelson’s appeal from its order, and Nelson filed an application for discretionary appeal from these rulings, which we...
Leshon Nelson v. Evi Cws Quill, LLC D/B/A The Quill
Both of 1 The superior court ultimately issued its own writ of possession and thereafter dismissed Nelson’s appeal from its order, and Nelson filed an application for discretionary appeal from these rulings, which we...
Phillip Joseph Lang v. Courtney Cash
The legal issue involved a discretionary appeal filed by Phillip Joseph Lang seeking to overturn a trial court order finding him in contempt and ordering incarceration due to an untimely filing deadline. The Georgia...
Rebecca Ann Reynolds v. Robert W. Nicholson
The legal issue involved whether the appellant had jurisdiction to appeal a declaratory judgment against obligations in a divorce settlement agreement when the exclusive procedure required by OCGA § 5-6-35(a)(2) was...
Leshon Nelson v. Evi Cws Quill, LLC D/B/A The Quill
Both of 1 The superior court ultimately issued its own writ of possession and thereafter dismissed Nelson’s appeal from its order, and Nelson filed an application for discretionary appeal from these rulings, which we...
Guerdy Claimon v. Karlene Monroe
The legal issue is whether an appeal from a trial court order finding contempt for failure to comply with financial obligations in a post-divorce proceeding is proper without following the required discretionary...
Jennifer Farmer v. Jonathan Z. Frierson
Jennifer Farmer appealed an interlocutory order regarding child support calculation, discovery violations, and evidentiary rulings from a trial court decision that reserved attorney fees. The Georgia Court of Appeals...
Darrin Joseph Dickerson v. Erika Priscila Florencio Dickerson
The Georgia Court of Appeals reviewed whether a foreign marriage could be recognized under Georgia law despite procedural irregularities in Brazilian law. The Georgia Court of Appeals AFFIRMED the superior court's...
David Gresham v. Debbie L. Brooks, Clerk Of Superior Court, Spalding County, Georgia
David Gresham sought a writ of mandamus compelling the clerk to issue a case number and transfer his file, but he failed to show the petition was related to an appeal or necessary in aid of appellate jurisdiction. The...
Isaac Woods et al. v. Allstate Property And Casualty Insurance Company
The legal issue is whether obtaining a judgment against an uninsured motorist tortfeasor is a condition precedent to suing an uninsured motorist carrier for benefits under the Uninsured Motorist Act. The Georgia Court...
Kristina Holston v. Aboebarensi, Inc. et al.
The legal issue involved whether a plaintiff could recover damages based on premises liability when they had actual knowledge of a hazard. The Georgia Court of Appeals held that because the plaintiff admitted seeing...
Johnny Brett Gregory v. Cynthia Noles Johnson, Executor et al..
Johnny Brett Gregory filed an original mandamus petition seeking relief due to probate court screening requirements, but lacked jurisdiction because appellate courts generally do not have original jurisdiction for such...
Denika Harshaw v. Stella Ajigbolamu
The legal issue involved whether the Court of Appeals had jurisdiction to review a magistrate court writ of possession application based on procedural rules regarding appeals from such judgments. The Georgia Court of...
Yashika Johnson v. Atl21Cov, Owner, LLC
Yashika Johnson appealed a trial court's order granting summary judgment but filed her notice of appeal outside the required thirty-day window. The Georgia Court of Appeals DISMISSED the action because the notice of...
George Russell Glenn v. Juliana Borges-Machado
The legal issue was whether George Russell Glenn had jurisdiction to file a direct appeal from a trial court order modifying child support without first filing a discretionary application. The Georgia Court of Appeals...
Elham Shaykholeslam v. Armon Dadkhah
The legal issue involved a request for an extension to file an application for discretionary appeal and a stay on enforcement of a contempt order requiring attorney fee payment in the underlying divorce case. The...
James Owensby et al. v. Karen Hartley
The legal issue involved an untimely application for discretionary review following a superior court order regarding failure to pay rent and a writ of possession. The Georgia Court of Appeals held that because the...
Quadarious Sherman v. Benjamin Folarin
The legal issue involved an application for discretionary appeal from a magistrate court judgment regarding past-due rent, which lacked jurisdiction because it had not been reviewed by a state or superior court. The...
Cortney Allen v. Arden At South Point Apartments Ga Owner, LLC
The legal issue involved whether an application for discretionary appeal was timely filed following a consent judgment from a magistrate court, despite procedural history regarding appellate jurisdiction. The Georgia...
Dawn C. Jones v. Green Growth 1, LLC
The legal issue involved whether the trial court's order staying an ejectment was a final judgment sufficient for appeal, despite pending claims and counterclaims. The Georgia Court of Appeals held that because the...
In Re: Estate Of Susie Bell Kelley
The legal issue involved whether the will's language regarding heirs was ambiguous and how to interpret it concerning the in terrorem clause. The Georgia Court of Appeals REVERSED in part, VACATED in part, and REMANDED...
Maxine Ferguson et al. v. Kennestone Hospital, Inc.
The legal issue is whether Maxine Ferguson has standing to challenge a trial court order when she lacks the legal authority to do so as an administrator. The Georgia Court of Appeals held that because no party with...
Stephanie Britt v. Megan Anderson Yarbrough et al.
The legal issue involves whether the plaintiff demonstrated a probability of prevailing on her claims under Georgia's anti-SLAPP statute. The Georgia Court of Appeals affirmed the trial court's order in part, vacated...
In The Interest Of S. E. B., A Child
The legal issue involved whether a juvenile court's denial of a motion to modify or vacate an order terminating parental rights was directly appealable under Georgia law. The Georgia Court of Appeals hereby GRANTED the...
Georgia Alliance Of Community Hospitals, Inc v. Georgia Department Of Community Health et al.
The legal issue involved whether a trial court order was an order of the court disposing of issues on appeal to prevent affirmation by operation of law. The Georgia Court of Appeals held that because the July 9 letter...
Transcontinental Carriers, Inc. et al. v. Lewis Bennett
The legal issue involved whether a trial court erred by allowing evidence of injury persistence in the first phase of a trifurcated trial concerning fault determination. The Georgia Court of Appeals found no error and...
Joseph Kelly v. Cindy Littleton-Hetzer
Joseph Kelly appealed a dismissal order and a refusal to allow him to file a motion to suspend child support based on alleged erroneous language and procedural errors. The Georgia Court of Appeals AFFIRMED the trial...
In The Interest Of C. S., A Minor Child
The legal issue involved whether a person without a substantial relationship to a child could qualify as fictive kin under Georgia law when placed in foster care. The Georgia Court of Appeals REVERSED the juvenile...
Shekil Rose v. Ronda S. Colvin, Judge
Shekil Rose sought original mandamus relief to compel a state court judge to vacate orders regarding corporate discovery defaults and restore the case to jury trial. The Georgia Court of Appeals dismissed the petition...
Mark A. Ebhohimen et al. v. Realistry Acquisitions, LLC.
The legal issue involved Mark Ebhohimen's failure to comply with interlocutory appeal procedures when filing a discretionary application for review of superior court orders. The Georgia Court of Appeals DISMISSED the...
In The Interest Of: J. C. et al.., Children (Father)
The legal issue involved whether an appeal from a juvenile court order terminating parental rights was properly initiated as a direct appeal or required a discretionary review application. The Georgia Court of Appeals...
Jean Michel Tchuenche v. Yvette Temate-Tiagueu
The legal issue involved whether an application for discretionary review was proper when a trial court had not yet ruled on a motion for new trial in a divorce action. The Georgia Court of Appeals DISMISSED the...
Herman L. Johnson v. Fun Spot America Of Atlanta, Inc
The legal issue involved Herman L. Johnson's attempt to seek discretionary review of a trial court order denying a motion to vacate judgment due to procedural non-compliance with statutory deadlines. The Georgia Court...
J. Walker And Associates, LLC v. Stephanie Saleem et al.
The legal issue involved whether the trial court's award of attorney fees was supported by OCGA § 9-15-14(b) given Walker’s untimely challenge to an arbitration award. The Georgia Court of Appeals AFFIRMED the attorney...
ALECIA CASTLEBERRY et al v. BRENNON STEIB et al
The legal issue involved whether the trial court erred by denying a motion for a new trial based on the weight of evidence and failure to give a requested jury charge. The Georgia Court of Appeals held that the...
DENEITRA HAM et al v. TITUS DUNCAN et al
The legal issue involved whether a trial court abused its discretion by denying a motion to set aside a final judgment due to improper notice of a bench trial. The Georgia Court of Appeals REVERSED the denial because...
J J Fish Pryor Road, Inc. v. Gary Wright
The legal issue involved whether an application for discretionary appeal was properly filed when a trial court denied a motion to set aside a default judgment that had not yet become final. The Georgia Court of Appeals...
MARTHA ADAMS v. JASON LEE et al
The legal issue involved whether the Lees had actual or constructive knowledge of a specific hazard causing Adams' fall based on evidence of recurring roof leaks. The Georgia Court of Appeals held that because there...
Georgia Department Of Corrections v. Deshonda Hagins
The legal issue involved whether the Department of Corrections waived sovereign immunity and whether the plaintiff could establish standing as a third-party beneficiary based on a written contract. The Georgia Court of...
Telisha Mitchell v. Hidden Lake Apartment Investors, LLC A/A/F The Laurel Apartments
The legal issue involved Telisha Mitchell's application for discretionary appeal from a magistrate court judgment awarding past-due rent, which lacked jurisdiction because it had not been reviewed by a state or...
City Of Atlanta v. Jonathan Querisma
The legal issue involved whether the City of Atlanta was immune from liability under the Recreational Property Act despite Querisma entering the park without a charge. The Georgia Court of Appeals held that because the...
Toyota Motor Corporation et al. v. James Louis Robertson et al.
The legal issue involved whether an out-of-possession landlord is liable for damages arising from a failure to maintain a property under Georgia law. The Georgia Court of Appeals affirmed the trial court's grant of...
James Louis Robertson et al. v. Toyota Motor Corporation et al.
The legal issue involved whether an out-of-possession landlord is liable for damages arising from a failure to maintain a property under Georgia law. The Georgia Court of Appeals affirmed the trial court's grant of...
Brenda Tatelman v. Sara C. Smith
The legal issue involved whether a trial court's order of replevin conflicted with bond conditions regarding animal possession and the award of attorney fees. The Georgia Court of Appeals AFFIRMED the grant of summary...