Ergin Tek v. Holly Park Square Apartments, LLC: Lien Dismissed
Summary
The Georgia Court of Appeals dismissed Ergin Tek's appeal in Case No. A26A1636 on April 23, 2026, for lack of jurisdiction. The dismissal stems from the underlying mechanic's lien case remaining pending below while damages await determination. Tek failed to comply with interlocutory appeal procedures, which required obtaining a certificate of immediate review from the trial court before pursuing the direct appeal.
“Tek's failure to follow the interlocutory appeal procedures deprives us of jurisdiction over this appeal.”
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The Georgia Court of Appeals hears every appeal from Georgia's superior, state, juvenile, and probate courts. The court sits in three divisions and publishes around 310 opinions a month spanning civil, criminal, family, business tort, and administrative cases. Georgia's economy and legal market mean the court generates significant precedent that shapes commercial litigation across the southeast. GovPing tracks every published opinion via CourtListener's mirror, with the case name, parties, division, and outcome. Watch this if you litigate in Georgia, advise multi-state clients on southeastern commercial law, or track family law and business tort trends. Recent: a divorce appeal between Russell and Lauren Nast, a discretionary appeal denied in Blackmon v Dudley, an action against a Toyota dealer in Augusta.
What changed
The Court of Appeals dismissed Ergin Tek's direct appeal from a trial court order granting Holly Park Square Apartments' motion to remove and vacate a mechanic's lien and for slander of title. The court held it lacked jurisdiction because the trial court had reserved the damages and attorney fees request for a separate hearing, leaving the case pending below. Without a final judgment or compliance with OCGA § 9-11-54(b) or interlocutory appeal procedures under OCGA § 5-6-34(b), Tek's direct appeal was premature and required dismissal.
Parties seeking appellate review while a case remains pending in the trial court must either obtain an express determination of no just reason for delay under OCGA § 9-11-54(b) or strictly comply with interlocutory appeal procedures, including securing a certificate of immediate review from the trial court. Failure to follow these procedural requirements divests the appellate court of jurisdiction regardless of the merits.
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Apr 23, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 23, 2026 Get Citation Alerts Download PDF Add Note
Ergin Tek v. Holly Park Square Apartments, LLC
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1636
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 23, 2026
The Court of Appeals hereby passes the following order:
A26A1636. ERGIN TEK v. HOLLY PARK SQUARE APARTMENTS, LLC.
Holly Park Square Apartments, LLC filed an action to remove a mechanic’s
lien, for slander of title, and for sanctions against Ergin Tek and WFL USA, LLC. The
trial court granted Holly Park’s claims to remove and vacate the mechanics lien and
for slander. The trial court reserved Holly Park’s request for damages and attorney
fees for a separate hearing. Tek then filed this direct appeal from that order.1 We,
however, lack jurisdiction.
As a general rule, a right of direct appeal lies from only a final judgment — that
is, where the case is no longer pending below. See OCGA § 5-6-34(a)(1); Yanes v.
Escobar, 362 Ga. App. 896, 897 (870 SE2d 506) (2022) (“an order is final and
appealable when it leaves no issues remaining to be resolved, constitutes the court’s
final ruling on the merits of the action, and leaves the parties with no further recourse
in the trial court”) (punctuation omitted). For a party to obtain appellate review when
the case is still pending below, there must be either an express determination by the
trial court that there is no just reason for delay under OCGA § 9-11-54(b) or
compliance with the interlocutory appeal requirements of OCGA § 5-6-34(b). Johnson
v. Hosp. Corp. of Am., 192 Ga. App. 628, 629 (385 SE2d 731) (1989). Where neither
code section is followed, the appeal is premature and must be dismissed. Id.
1
In the underlying case, WFL USA filed a complaint to foreclose the
materialman’s claim of lien and other damages against Holly Park, and the trial court
dismissed the complaint. WFL USA filed a direct appeal from that dismissal, which
has been docketed as Case No. A26A1629.
Here, the issue of damages has yet to be determined, and thus the case remains
pending below. The trial court did not direct an entry of judgment under OCGA §
9-11-54(b). Accordingly, Tek was required to comply with the interlocutory appeal
procedures of OCGA § 5-6-34(b), including obtaining a certificate of immediate
review from the trial court, in order to obtain appellate review. See Islamkhan v. Khan,
299 Ga. 548, 551 (2) (787 SE2d 731) (2016). Tek’s failure to follow the interlocutory
appeal procedures deprives us of jurisdiction over this appeal. See In re Bruni, 369 Ga.
App. 488, 493(8) (893 SE2d 862) (2023) (“The jurisdiction of an appellate court to
consider an appeal depends upon whether the appeal is taken in substantial
compliance with the rules of appellate procedure prescribing the conditions under
which the judgment of the trial court may be considered appealable.”) (citation and
punctuation omitted). Accordingly, this appeal is hereby DISMISSED.
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.
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