Background
In this garnishment action, pro se defendant Eddie Henderson, Jr. filed two notices of appeal. One purported to appeal a trial-court order entered June 8, 2026, although the appellate record contained no order entered that day.
The court noted that Henderson may instead have intended to appeal orders entered January 20, February 9, March 9, or June 9, 2026. His other notice of appeal challenged an order entered June 25, 2026.
The Court’s Holding
The Court of Appeals of Georgia dismissed the direct appeal for lack of jurisdiction. Appeals in garnishment cases must be initiated through an application for discretionary review under OCGA § 5-6-35(a)(4) and (b).
Because Henderson filed direct notices of appeal rather than complying with that discretionary-review procedure, the court lacked jurisdiction. The court did not decide whether additional jurisdictional defects also existed.
Key Takeaways
- Garnishment appeals in Georgia generally require an application for discretionary review.
- Compliance with the discretionary-appeal procedure is jurisdictional.
- A direct appeal filed instead of the required application must be dismissed for lack of jurisdiction.
Why It Matters
The order reinforces that the subject matter of an appeal controls the required appellate route. Litigants challenging rulings in garnishment matters must use Georgia’s discretionary-review process, even if they believe the particular order is otherwise appealable.