Howell v. Kimberly Associates II, LP - Case Dismissed

GA Court of Appeals Opinions

Filed March 3rd, 2026

Detected March 4th, 2026

Summary

The Court of Appeals of Georgia dismissed the case of Howell v. Kimberly Associates II, LP. The dismissal was due to the appellant's failure to follow the proper procedure for discretionary review after a state court dismissed their petition for review.

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What changed

The Court of Appeals of Georgia has dismissed the direct appeal in Howell v. Kimberly Associates II, LP (Docket No. A26A1372). The dismissal stems from the appellant's failure to file an application for discretionary review, which is a jurisdictional requirement for appeals from state court decisions reviewing magistrate court decisions by de novo proceedings. The original action was a dispossessory action that originated in magistrate court.

This ruling means the appellant's case is no longer proceeding in the Court of Appeals. Legal professionals involved in similar appellate procedures should ensure strict adherence to the jurisdictional requirements for discretionary appeals in Georgia to avoid dismissal. No specific compliance deadlines or penalties are mentioned in this dismissal order, as it pertains to procedural adherence in an ongoing legal matter.

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March 3, 2026 Get Citation Alerts Download PDF Add Note

TIMESHIE HOWELL v. KIMBERLY ASSOCIATES II, LP

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1372
Disposition: Dismissed
Opinion
Authorities (2)
Cited By (0)
Summaries (0)
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Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 03, 2026

The Court of Appeals hereby passes the following order:

A26A1372. TIMESHIE HOWELL v. KIMBERLY ASSOCIATES II, LP et al.

This dispossessory action originated in magistrate court. After the court entered
a writ of possession, Timeshie Howell filed a petition for review to the state court.
The state court dismissed Howell’s petition for review for failure to pay rent into the
court registry. This direct appeal followed. We, however, lack jurisdiction.
Appeals from decisions of the state courts reviewing decisions of the magistrate
courts by de novo proceedings must be initiated by filing an application for
discretionary review. OCGA § 5-6-35(a)(11); Strachan v. Meritor Mtg. Corp. E., 216
Ga. App. 82, 82 (453 SE2d 119) (1995). “Compliance with the discretionary appeals
procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257,
257 (471 SE2d 60) (1996). Howell’s failure to follow the proper procedure deprives
us of jurisdiction over this direct appeal, which is hereby DISMISSED.

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