Walker v. Touchmark National Bank - Appeal Dismissed

GA Court of Appeals Opinions

Filed March 26th, 2026

Detected March 26th, 2026

Summary

The Georgia Court of Appeals dismissed the direct appeal in Leonard Walker v. Touchmark National Bank due to lack of jurisdiction. The dismissal was based on the failure to follow the discretionary appeal procedure and an untimely filing of the notice of appeal.

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What changed

The Georgia Court of Appeals has dismissed the direct appeal filed by Leonard Walker and Crystal Williams in the case of Leonard Walker v. Touchmark National Bank. The court found that it lacked jurisdiction because the appellants failed to initiate the appeal by filing an application for discretionary appeal, as required for appeals from superior court decisions reviewing lower court decisions in dispossessory proceedings. Additionally, the notice of appeal was filed 26 days after the superior court's judgment, which is untimely under OCGA § 44-7-56, requiring appeals in dispossessory actions to be filed within seven days.

This dismissal means the superior court's affirmation of the magistrate court's judgment, which granted Touchmark National Bank a writ of possession, stands. The appellants, Walker and Williams, must comply with the original judgment. This ruling reinforces the importance of adhering to specific procedural rules for appeals in Georgia, particularly in dispossessory actions, where strict timelines and procedures are enforced, and failure to comply results in a loss of jurisdiction.

What to do next

Review procedural requirements for appeals in dispossessory actions in Georgia.
Ensure timely filing of notices of appeal within the statutory seven-day period for dispossessory cases.

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March 26, 2026 Get Citation Alerts Download PDF Add Note

LEONARD WALKER v. TOUCHMARK NATIONAL BANK

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1210
Disposition: Dismissed
Opinion
Authorities (2)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 26, 2026

The Court of Appeals hereby passes the following order:

A26A1210. LEONARD WALKER et al v. TOUCHMARK NATIONAL BANK.

Following an adverse ruling in magistrate court in this dispossessory
proceeding, Leonard Walker and Crystal Williams (“Petitioners”) filed a petition for
review in superior court. On November 19, 2025, the superior court affirmed the
judgment below, finding that Touchmark National Bank was entitled to a writ of
possession. Petitioners filed this direct appeal on December 15, 2025. We, however,
lack jurisdiction.
Appeals from superior court decisions reviewing lower court decisions by
petition for review must be initiated by filing an application for discretionary appeal.
OCGA § 5-6-35 (a)(1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).
“Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v.
Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Petitioners’ failure
to comply with the discretionary appeals procedure deprives us of jurisdiction over
this direct appeal. Moreover, the notice of appeal is untimely. Under OCGA §
44-7-56, appeals in dispossessory actions “shall be filed within seven days of the date
such judgment was entered.” Here, Petitioners filed their notice of appeal 26 days
after entry of the superior court’s judgment. For these reasons, we lack jurisdiction
over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/26/2026
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.