Wirth Forestry LLC v. Heard County Georgia - Opinion Dismissed

GA Court of Appeals Opinions

Filed March 11th, 2026

Detected March 12th, 2026

Summary

The Court of Appeals of Georgia dismissed the discretionary appeal filed by Wirth Forestry, LLC and Viridi RE Development, LLC against Heard County, Georgia. The dismissal was due to the applicants' failure to comply with interlocutory appeal procedures, as the superior court's order was not considered final.

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What changed

The Court of Appeals of Georgia has dismissed the discretionary appeal filed by Wirth Forestry, LLC and Viridi RE Development, LLC (the Applicants) concerning their application for a special use permit denied by Heard County. The court found that it lacked jurisdiction because the superior court's order denying the petition for review and staying remaining claims was not a final order. The Applicants failed to comply with the required interlocutory appeal procedures, specifically OCGA § 5-6-34(b), which mandates obtaining a certificate of immediate review for non-final orders.

This dismissal means the Applicants' case remains pending in the superior court. Regulated entities and legal professionals involved in appeals of interlocutory orders must ensure strict adherence to procedural requirements, including obtaining the necessary certificates of review, to avoid dismissal. Failure to do so can result in the loss of appellate review at the current stage, prolonging litigation and potentially impacting project timelines.

What to do next

Review procedural requirements for interlocutory appeals in Georgia, particularly OCGA § 5-6-34(b).
Ensure all necessary certificates of immediate review are obtained for non-final orders before filing an appeal.

Source document (simplified)

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March 11, 2026 Get Citation Alerts Download PDF Add Note

Wirth Forestry, LLC v. Heard County, Georgia

Court of Appeals of Georgia

Citations: None known
Docket Number: A26D0372
Disposition: Discretionary Application Dismissed
Opinion
Authorities (2)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Disposition

Discretionary Application Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 11, 2026

The Court of Appeals hereby passes the following order:

A26D0372. WIRTH FORESTRY, LLC et al. v. HEARD COUNTY, GEORGIA.

Wirth Forestry, LLC and Viridi RE Development, LLC (collectively, “the
Applicants”) applied to Heard County (“the County”) for a special use permit to
develop land owned by Wirth Forestry. The County denied the application, and the
Applicants petitioned for review in the superior court. The Applicants added claims
for declaratory judgment, inverse condemnation, and attorney fees. On January 20,
the superior court entered an order denying the petition for review and staying the
remaining claims. The Applicants then filed this application for discretionary appeal.
We, however, lack jurisdiction.
The superior court’s order in this case is not final. Because this case remains
pending below, the Applicants were required to comply with the interlocutory appeal
procedures — including obtaining a certificate of immediate review from the trial
court — to obtain appellate review at this juncture. See OCGA § 5-6-34(b); Boyd v.
State, 191 Ga. App. 435, 435 (383 SE2d 906) (1989).
Although the Applicants filed an application for discretionary appeal, as
described in OCGA § 5-6-35, compliance with that procedure does not excuse a party
seeking appellate review of an interlocutory order from complying with the additional
requirements of OCGA § 5-6-34(b). See Bailey v. Bailey, 266 Ga. 832, 832–33 (471
SE2d 213) (1996).
Accordingly, the Applicants’ failure to comply with the interlocutory appeal
procedures deprives us of jurisdiction over this application for discretionary appeal,
which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/11/2026
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.