Kevin Yeung v. Shannon Humphrey

Court of Appeals
of the State of Georgia

ATLANTA,____________________
June 15, 2026

The Court of Appeals hereby passes the following order:

A26I0230. KEVIN YEUNG v. SHANNON HUMPHREY.

Kevin Yeung filed the underlying action against his neighbor, Shannon
Humphrey, alleging that Humphrey’s construction of a pool created a nuisance on
Yeung’s property and interfered with his enjoyment of the same. The trial court
granted summary judgment to Humphrey, and this Court affirmed on appeal. Yeung
v. Humphrey, A25A1330 (Oct. 29, 2025) (unpublished). The trial court then cancelled
the notice of lis pendens Yeung had filed as to Humphrey’s property, and Yeung’s
appeal from that order is currently pending. Yeung v. Humphrey, Case No. A26A1894
(docketed April 27, 2026). Yeung filed a second notice of lis pendens and a motion for
injunctive relief seeking to to stop or stay the sale of that property. The trial court
then entered two separate orders, the first of which granted Humphrey’s motion to
cancel Yeung’s newly-filed notice of lis pendens and denied Yeung’s motion for
injunctive relief. The second order enjoined Yeung from filing any further pleadings
against Humphrey without prior approval by the trial court. At Yeung’s request, the
trial court issued a certificate of immediate review as to the order enjoining him from
filing any additional pleadings without prior approval. Yeung then filed this timely
application for interlocutory appeal, seeking review of both orders. It appears,
however, that Yeung has a right of direct appeal.
An order granting or denying injunctive relief is subject to a direct appeal.
OCGA § 5-6-34(a)(4). Thus, because both of the orders involve the grant or denial of
injunctive relief, Yeung has a right of direct appeal.
This Court will grant an otherwise timely application for interlocutory appeal
if the lower court’s order is subject to direct appeal. Spivey v. Hembree, 268 Ga. App.
485, 486 n. 1 (602 SE2d 246) (2004). Accordingly, this application is hereby
GRANTED. Yeung shall have ten days from the date of this order to file a notice of
appeal with the superior court, if he has not already done so. The clerk of the superior
court is DIRECTED to include a copy of this order in the record transmitted to the
Court of Appeals.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
06/15/2026
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.