William H. Waits, III v. Ea Homes, Lp - Case Dismissed

GA Court of Appeals Opinions

Filed March 5th, 2026

Detected March 5th, 2026

Summary

The Court of Appeals of Georgia dismissed the appeal in William H. Waits, III v. Ea Homes, LP. The dismissal was based on the appellant's failure to follow the required procedure for discretionary appeals after the denial of a motion to set aside a prior ruling.

View original document View source feed page

What changed

The Court of Appeals of Georgia has dismissed the direct appeal filed by William H. Waits, III against EA Homes, LP, under docket number A26A1209. The dismissal stems from the appellant's failure to file an application for discretionary appeal following the trial court's denial of his motion to reopen the case and for a new trial. The court noted that such a motion is treated as a motion to set aside under Georgia law, and appeals from the denial of such motions require a discretionary appeal application.

This ruling signifies that the case, which originated from a suit to vacate an arbitration award, has reached its final disposition through dismissal by the appellate court. For legal professionals involved in similar proceedings, this reinforces the jurisdictional requirement of adhering to specific procedural rules for appeals, particularly concerning motions to set aside judgments. Failure to comply with these procedural mandates, such as filing an application for discretionary appeal when required, will result in the dismissal of the appeal.

Source document (simplified)

Support FLP

CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.

Please become a member today.

Join Free.law Now

March 5, 2026 Get Citation Alerts Download PDF Add Note

William H. Waits, III v. Ea Homes, Lp

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1209
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 05, 2026

The Court of Appeals hereby passes the following order:

A26A1209. WILLIAM H. WAITS, III v. EA HOMES, LP

In May 2022, William H. Waits, III filed suit against EA Homes, LP seeking to
vacate an arbitration award. The trial court dismissed that complaint in November
2022, finding, inter alia, that Waits was without standing to challenge the arbitration
award. Waits filed a notice of appeal from the November 2022 order, but the appeal
was dismissed in August 2023, after he failed to pay costs. In March 2025, Waits filed
a motion to reopen the case and for a new trial. The trial court denied that motion, and
Waits filed this direct appeal. We lack jurisdiction.
Because the Official Code of Georgia does not recognize a “motion to reopen,”
such a motion is treated as a motion to set aside. Crawford v. Kroger Co., 183 Ga. App.
836, 836 (1) (360 SE2d 274) (1987); OCGA § 9-11-60. And an appeal from the denial
of a motion to set aside requires the filing of an application for discretionary appeal.
See OCGA § 5-6-35(a)(8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116-17
(640 SE2d 688) (2006). “Compliance with the discretionary appeals procedure is
jurisdictional.” Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862
SE2d 564) (2021) ( quotation marks omitted). Consequently, “[f]ailure to file an
application when one is necessary requires that the appeal be dismissed.” Evans v.
Jackson, 368 Ga. App. 170, 173(1) (889 SE2d 343) (2023) (quotation marks omitted).
Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/05/2026
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.