Tiffany Wells v. Sterling Atlanta Apartments - Emergency Motion Granted

GA Court of Appeals Opinions

Filed March 2nd, 2026

Detected March 3rd, 2026

Summary

The Court of Appeals of Georgia granted an emergency motion in Tiffany Wells v. Sterling Atlanta Apartments, LLC, staying a superior court order that dismissed Wells's petition for review. The stay is in effect until Wells files an application for discretionary appeal or the time to do so expires.

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What changed

The Court of Appeals of Georgia granted an emergency motion filed by Tiffany Wells, staying a superior court order that had dismissed her petition for review of a magistrate court decision. The underlying magistrate court order denied Wells's motion to open default and set aside a writ of possession in a dispossessory action. The superior court had ruled the writ of possession could be executed immediately, but the Court of Appeals has now stayed this execution.

This order means the writ of possession is stayed pending Wells's filing of an application for discretionary appeal or the expiration of the time to file such an application. This action directly impacts the immediate execution of the writ of possession and provides a temporary reprieve for the tenant while the appellate process is initiated. Legal professionals involved in similar dispossessory actions should note the specific procedural requirements and short timelines for discretionary appeals in Georgia.

What to do next

Review Georgia OCGA § 5-6-35 (a)(1) and § 44-7-56(b)(1) regarding applications for discretionary appeals in dispossessory actions.
Note the seven-day deadline for filing applications for discretionary review in such cases.
Monitor the filing of the application for discretionary appeal by Tiffany Wells.

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March 2, 2026 Get Citation Alerts Download PDF Add Note

Tiffany Wells v. Sterling Atlanta Apartments, LLC D/B/A Argento at the Bridges

Court of Appeals of Georgia

Citations: None known
Docket Number: A26E0151
Disposition: Emergency Motion Granted
Opinion
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Disposition

Emergency Motion Granted

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 02, 2026

The Court of Appeals hereby passes the following order:

A26E0151. WELLS v. STERLING ATLANTA APARTMENTS, LLC.

Tiffany Wells has filed an emergency motion under Court of Appeals Rule 40
(b) seeking to stay a superior court order dismissing her petition for review of a
magistrate court order. The magistrate court order denied Wells’s motion to open
default and to set aside a writ of possession in an underlying dispossessory action. In
the order dismissing the petition for review, the superior court held that the writ of
possession may be executed immediately.
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).
And in dispossessory actions, such applications for discretionary review must be filed
within seven days of the date the judgment was entered. See OCGA § 44-7-56(b)(1);
Stubbs v. Local Homes, LLC, 375 Ga. App. 513, 516–17 (915 SE2d 91) (2025).
Wells’s emergency motion is hereby GRANTED, and the superior court order
is stayed until the time that Wells files an application for discretionary appeal or until
the time to file an application for discretionary appeal has expired.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/02/2026
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.