Ardalan Karbasyoun v. Foamworks Alpharetta, LLC - Negligence Appeal
Summary
The Georgia Court of Appeals granted Ardalan Karbasyoun's discretionary application for appeal in his negligence action against Foamworks Alpharetta, LLC. The court found that Karbasyoun had a right of direct appeal from the trial court's final judgment entered in favor of Foamworks. The court directed Karbasyoun to file a notice of appeal within ten days of the order.
What changed
The Court of Appeals granted Karbasyoun's discretionary application for appeal, finding he had a right of direct appeal from the trial court's final judgment under OCGA § 5-6-34(a)(1)(B). The court cited that an order is final and appealable when it leaves no issues remaining and constitutes the court's final ruling on the merits. The applicant was directed to file a notice of appeal within ten days.
This procedural order affects litigants in Georgia state courts who may have filed discretionary applications rather than direct appeals. Legal professionals handling civil litigation should verify appellate rights and deadlines to ensure timely compliance with procedural requirements.
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April 8, 2026 Get Citation Alerts Download PDF Add Note
Ardalan Karbasyoun v. Foamworks Alpharetta, LLC
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26D0411
Disposition: Discretionary Application Granted
Disposition
Discretionary Application Granted
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 08, 2026
The Court of Appeals hereby passes the following order:
A26D0411. ARDALAN KARBASYOUN v. FOAMWORKS ALPHARETTA,
LLC.
Ardalan Karbasyoun brought an action for negligence and other claims against
Foamworks Alpharetta, LLC, in connection with damage he alleged his vehicle
sustained at a car wash service. After the trial court entered a final judgment in favor
of Foamworks Alpharetta, Karbasyoun filed this timely application for discretionary
appeal. Because Karbasyoun had a right of direct appeal, we grant the application.
Under OCGA § 5-6-34(a)(1)(B), a party may file a direct appeal from “[a]ll final
judgments, that is to say, where the case is no longer pending in the court below,
except as provided in Code Section 5-6-35.” Given that the order Karbasyoun seeks
to appeal disposed of the entire case, it constitutes a final order. See 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”)
(citation and punctuation omitted). Consequently, Karbasyoun has a right of direct
appeal from that order. See OCGA § 5-6-34(a)(1)(B).
This Court will grant a timely discretionary application if the lower court’s
order is subject to direct appeal. See OCGA § 5-6-35(j). Accordingly, this application
is hereby GRANTED. Karbasyoun shall have ten days from the date of this order to
file a notice of appeal with the trial court, if he has not already done so. See OCGA §
5-6-35(g). The clerk of the trial court is DIRECTED to include a copy of this order in
the record transmitted to the Court of Appeals.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/08/2026
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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