Georgia Appellate Win—Dismissal Upheld Due to Procedural Defects

The Georgia Court of Appeals recently granted Chartwell’s Motion to Dismiss an appeal for lack of jurisdiction, delivering a key win in a case involving claims against a condominium homeowners’ association.

The plaintiff alleged that the association failed to make necessary repairs to her condo, resulting in damage to her property and harm to her health. Over the course of the litigation, the plaintiff was represented by several different attorneys and, at times, represented herself. A discovery dispute arose, and in March 2024, the trial court dismissed her complaint for failure to comply with discovery obligations.

Instead of filing a timely Notice of Appeal, the plaintiff filed a Motion for Reconsideration/Motion to Set Aside, which the trial court denied. She then filed a Notice of Appeal in October 2024, seeking appellate review of both the dismissal and the denial of her post-judgment motion.

Chartwell promptly filed a Motion to Dismiss, arguing that the plaintiff’s direct appeal of the trial court’s dismissal was untimely and that she was not entitled to directly appeal the denial of her Motion for Reconsideration/Motion to Set Aside without first filing an application for discretionary appeal. The Court of Appeals agreed on both counts, holding that it lacked jurisdiction over the untimely appeal and that no discretionary application had been filed as required by Georgia appellate procedure.

This case highlights the importance of closely adhering to appellate rules and deadlines—an area where procedural missteps are common, especially in matters involving pro se litigants or shifting legal representation.

Chartwell attorney Anelise Codrington, who has successfully handled numerous appeals and argued before the Georgia Court of Appeals, led this effort. Her deep understanding of appellate procedure and her persuasive, well-crafted arguments were instrumental in obtaining this favorable result.