Timeshie Howell v. Kimberly Associates II, Lp

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 12, 2026

The Court of Appeals hereby passes the following order:

A26D0392. TIMESHIE HOWELL et al v. KIMBERLY ASSOCIATES II, LP et
al.

This dispossessory action originated in magistrate court. After the magistrate
court entered a writ of possession in favor of the plaintiff, the defendant Timeshie
Howell filed a petition for review to the state court. On January 29, 2026, the state
court entered an order dismissing Howell’s petition for review for failure to pay rent
into the court registry. On March 5, 2026, Howell filed this application for
discretionary review.1 We lack jurisdiction.
Appeals in dispossessory actions, including 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); Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga. App. 334,
335–36 (715 SE2d 752) (2011). The deadlines for filing applications for discretionary
review are jurisdictional, and this Court cannot accept an application not made in
compliance with the applicable deadline. See Boyle v. State, 190 Ga. App. 734, 734
(380 SE2d 57) (1989).

1
Howell previously filed a direct appeal, which this Court dismissed on the
basis that the case was subject to the discretionary application procedure. See OCGA
§ 5-6-35(a)(11); Case No. A26A1372 (Mar. 3, 2026).
Howell’s discretionary application is untimely because it was filed 35 days after
entry of the state court’s order. Thus, we lack jurisdiction over the application, which
is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/12/2026
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.