Ergin Tek v. Holly Park Square Apartments, LLC - Emergency Motion Denied

GA Court of Appeals Opinions

Filed March 30th, 2026

Detected March 30th, 2026

Summary

The Georgia Court of Appeals denied Ergin Tek's pro se emergency motions seeking a stay of trial court proceedings and supersedeas in three consolidated cases (A26E0169, A26E0170, A26E0171). The court found Tek failed to demonstrate the emergency relief was necessary to preserve appellate jurisdiction or prevent the issues from becoming moot under Court of Appeals Rule 40(b). This routine procedural ruling concludes the emergency motion proceedings without affecting the underlying appeals on the merits.

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What changed

The Georgia Court of Appeals denied Ergin Tek's emergency motions for stay of trial court proceedings and supersedeas in three consolidated cases involving materialman's lien enforcement. The court, citing OCGA §§ 5-6-34(a), 5-6-37, 5-6-38, 5-6-46, and Court of Appeals Rule 40, found Tek failed to show that emergency relief was "necessary to preserve jurisdiction of an appeal or to prevent the contested issue from becoming moot."

This ruling is a procedural disposition that does not affect the underlying appeals on the merits of the trial court's orders vacating the materialman's lien and dismissing the enforcement petition. Tek retains the right to pursue his appeals through standard appellate procedures, and the trial court proceedings may continue.

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March 30, 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: A26E0169
Disposition: Emergency Motion Denied
Opinion
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Cited By (0)
Summaries (0)
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Disposition

Emergency Motion Denied

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 30, 2026

The Court of Appeals hereby passes the following order:

A26E0169, A26E0170, A26E0171. ERGIN TEK et al. v. HOLLY PARK
SQUARE APARTMENTS, LLC.

Ergin Tek has filed pro se emergency motions for a stay of trial court
proceedings pending appeal and “for [s]upersedeas in the above-styled action[s].” But
in the motions, Tek states that he has timely filed notices of appeal from purported
final orders vacating a materialman’s lien and dismissing Tek’s petition to enforce
such a lien. “The notice of appeal filed as provided in OCGA §§ 5-6-34 (a), 5-6-37,
and 5-6-38 shall serve as supersedeas upon payment of all costs in the trial court by the
appellant. See OCGA § 5-6-46.” Court of Appeals Rule 40 (a).

Because Tek has failed to show that an emergency order giving direction to the
trial court is “necessary to preserve jurisdiction of an appeal or to prevent the
contested issue from becoming moot[,]” Court of Appeals Rule 40 (b), his emergency
motions in the above-styled cases are hereby denied.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/30/2026
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.