Background
Kseniya Parfenova, proceeding without counsel, filed a notice of appeal from a September 9, 2026 trial-court order granting summary judgment to Hedington Square Homeowners’ Association, Inc. on the association’s claims and Parfenova’s counterclaims. The order enjoined Parfenova and anyone acting in concert with her from leasing or permitting occupancy of the property except in compliance with Section 6.c.xi of the subdivision’s Declaration of Protective Covenants.
The trial court also directed Parfenova to bring every existing occupancy into compliance or terminate it within 30 days, certify compliance to the association’s counsel, and face possible contempt for noncompliance. Because the amount of assessments, fines, interest, costs, and attorney fees remained to be determined after supplemental submissions, the trial court stated that it would enter a separate final judgment fixing the amount. Parfenova then moved under Court of Appeals Rule 40(b) for an emergency stay of all trial-court proceedings, including the September 9 order.
The Court’s Holding
The Court of Appeals of Georgia denied Parfenova’s emergency motion for a stay.
The brief order did not explain the reasons for the denial or address the merits of the underlying summary-judgment ruling, the injunction, the restrictive covenant, or the association’s monetary claims.
Key Takeaways
- The appellate court denied the specific emergency stay relief Parfenova requested under Rule 40(b).
- The trial court’s September 9 order imposed occupancy-related injunctive obligations and contemplated contempt for noncompliance.
- The amount of the association’s claimed assessments, fines, interest, costs, and attorney fees remained for later determination by the trial court.
Why It Matters
The order leaves Parfenova without the emergency appellate stay she requested while her appeal proceeds. It does not decide whether the trial court’s underlying rulings were correct.
Because the Court of Appeals provided no reasoning, the order offers no broader holding about the standards governing stays, the enforceability of the covenant, or whether appellate relief is the exclusive means of suspending trial-court proceedings.