Leshon Nelson v. Evi Cws Quill, LLC D/B/A the Quill
CourtCourt of Appeals of Georgia
Date FiledSeptember 17, 2026
DocketA27D0077
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
September 17, 2026
The Court of Appeals hereby passes the following order:
A27A0323, A27D0077, A27D0107. LESHON NELSON v. EVI CWS QUILL,
LLC d/b/a THE QUILL.
This case originated as a dispossessory matter in magistrate court. In 2023, the
magistrate court found in favor of EVI CWS Quill, LLC, and LeShon Nelson filed a
petition for review in superior court.1 On December 8, 2025, the superior court
entered a final order and writ of possession. Nelson filed a direct appeal from the
ruling, which we dismissed for failure to file a discretionary application. See Case No.
A26A1049 (Jan. 7, 2026).2 On August 13, 2026, the superior court reissued its writ of
possession, and on August 21, 2026, the superior court issued an order authorizing
execution of the writ.
In Case No. A27D0077, Nelson has filed an application for discretionary review
of the reissued August 13 writ, and in Case No. A27D0107, Nelson has filed an
application for discretionary review of the superior court’s August 21 order. Both of
1
The superior court ultimately issued its own writ of possession and thereafter
dismissed Nelson’s appeal from its order, and Nelson filed an application for
discretionary appeal from these rulings, which we granted. See Case No. A25D0223
(Feb. 11, 2025). In an unpublished opinion, we reversed the superior court’s ruling
dismissing Nelson’s appeal. See Case No. A25A1208 (Sept. 8, 2025).
2
On January 27, 2026, the superior court entered an order requiring Nelson to
post a supersedeas bond, and Nelson also filed a direct appeal from that ruling, which
we also dismissed as untimely and for failure to file a discretionary application. See
Case No. A26A1437 (Mar. 11, 2026).
Nelson’s applications for discretionary review are hereby DENIED.
Along with her discretionary application in Case No. A27D0107, Nelson has
also filed a direct appeal from the August 21 order in Case No. A27A0323. As we have
repeatedly explained in our prior orders dismissing Nelson’s direct appeals, an appeal
from a superior court decision reviewing a lower court decision must be initiated by
filing an application for discretionary review. OCGA § 5-6-35(a)(1), (b); Bullock v.
Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).“Compliance with the
discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221
Ga. App. 257, 257 (471 SE2d 60) (1996). Because this case arises out of an appeal from
magistrate court to superior court, Nelson can only appeal by way of a discretionary
application. For this reason, Case No. A27A0323 is hereby DISMISSED for lack of
jurisdiction.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
09/17/2026
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.