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Harvey v. U.S. Nature-Invest Holdings - Appeal Dismissed as Untimely

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Summary

The Court of Appeals of Georgia dismissed Reginald Charles Harvey's appeal for lack of jurisdiction because his notice of appeal was filed 38 days after the trial court's order, exceeding the 30-day deadline required by OCGA § 5-6-38(a). The court held that timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction. Harvey had also sought a certificate of immediate review, which the trial court dismissed as untimely.

“The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court.”

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What changed

The Court of Appeals dismissed Harvey's appeal for lack of jurisdiction on the sole ground that his notice of appeal was untimely — filed 38 days after the trial court's February 6, 2026 order, when Georgia law requires filing within 30 days under OCGA § 5-6-38(a). A related attempt to obtain a certificate of immediate review was also dismissed as untimely.

Litigants and their counsel in Georgia state courts should treat the 30-day notice-of-appeal deadline as jurisdictional and non-waivable. Failure to file within that window terminates the right to appeal, as demonstrated here, regardless of the merits of the underlying claims.

Archived snapshot

Apr 21, 2026

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April 21, 2026 Get Citation Alerts Download PDF Add Note

Reginald Charles Harvey v. U.S. Nature-Invest Holdings, LLC

Court of Appeals of Georgia

Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 21, 2026

The Court of Appeals hereby passes the following order:

A26A1540. REGINALD CHARLES HARVEY v. U.S. NATURE-INVEST
HOLDINGS, LLC.

In September 2024, plaintiff U.S. Nature-Invest Holdings, LLC filed a
complaint for declaratory relief and damages, alleging that Reginald Charles Harvey,
without cause, filed a “Preliminary Notice of Lien” and a “Full Deed of
Conveyance” against the plaintiff’s real property. In January 2025, the trial court
entered an order granting the plaintiff’s claim for declaratory relief, and reserving the
damages claims. Harvey filed a motion for reconsideration, which the trial court
denied on February 25, 2025.
On September 11, 2025, the trial court granted the plaintiff’s motion to dismiss
without prejudice its remaining damages claims, and denied Harvey’s motion for
summary judgment. Harvey subsequently filed multiple motions, asking the trial court
to set aside the judgment, stay the proceedings, and compel arbitration. The trial court
denied the motions in November 2025. Thereafter, Harvey filed more motions making
the same requests, along with requests for the appointment of a special master, and
for summary judgment. On February 6, 2026, the trial court entered an order denying
all the motions. And on March 16, 2026, Harvey filed a notice of appeal. We, however,
lack jurisdiction.
Pretermitting whether Harvey is entitled to a direct appeal, his notice of appeal
was untimely. A notice of appeal must be filed within 30 days of entry of the judgment
or trial court order sought to be appealed. OCGA § 5-6-38(a). The proper and timely
filing of a notice of appeal is an absolute requirement to confer jurisdiction on this
Court. Ebeling v. State, 355 Ga. App. 469, 469 (844 SE2d 518) (2020). Because
Harvey’s notice of appeal was filed 38 days after entry of the trial court’s order, it is
untimely.1 Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/21/2026
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.

1
In February 2026, Harvey also filed a request for a certificate of immediate
review of the February 25, 2025 order denying his motion for reconsideration, which
the trial court dismissed on March 2, 2026, because the time to seek review of the
order had expired. See OCGA § 5-6-34(b) (a certificate of immediate review must be
filed within ten days of the entry of the order). Although the notice of appeal is timely
as to this order, the denial or dismissal of a request for a certificate of immediate
review is not subject to a direct appeal. Price v. State, 237 Ga. 352, 352–53(2) (227
SE2d 368
) (1976).

Named provisions

OCGA § 5-6-38(a) OCGA § 5-6-34(b)

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Last updated

Classification

Agency
GA Court of Appeals
Filed
April 21st, 2026
Instrument
Enforcement
Branch
Judicial
Legal weight
Binding
Stage
Final
Change scope
Minor
Docket
A26A1540

Who this affects

Applies to
Courts Legal professionals
Industry sector
5311 Real Estate
Activity scope
Civil appeal filing Appellate jurisdiction Property liens
Geographic scope
US-GA US-GA

Taxonomy

Primary area
Judicial Administration
Operational domain
Legal
Topics
Civil Rights

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