Eddie Silas Henderson, Jr. v. Lvnv Funding LLC, as Assignee of Discover Financial Services
CourtCourt of Appeals of Georgia
Date FiledAugust 12, 2026
DocketA27A0002
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 12, 2026
The Court of Appeals hereby passes the following order:
A27A0002. EDDIE SILAS HENDERSON, JR. v. LVNV FUNDING LLC, AS
ASSIGNEE OF DISCOVER FINANCIAL SERVICES.
In this garnishment action, pro se defendant Eddie Henderson, Jr., filed two
notices of appeal: one from a trial court order purportedly entered on June 8, 2026,1
and one from an order entered on June 25, 2026. We lack jurisdiction.
An appeal in a case involving garnishment must be initiated by filing an
application for discretionary review. OCGA § 5-6-35(a)(4), (b); Maloy v. Ewing, 226
Ga. App. 490, 491 (486 SE2d 708) (1997). See Prison Health Servs. v. Ga. Dep’t of
Admin. Servs., 265 Ga. 810, 811(1) (462 SE2d 601) (1995) (an order is subject to the
discretionary review procedure “if the underlying subject matter of the appeal is one
contained in OCGA § 5-6-35”). “Compliance with the discretionary appeals
procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257
(471 SE2d 60) (1996). Consequently — and pretermitting whether this appeal suffers
from one or more additional jurisdictional defects — Henderson’s failure to comply
with the discretionary review procedure deprives us of jurisdiction over this direct
1
The record on appeal contains no order entered on that date. It appears that
Henderson may have intended to appeal orders entered on January 20, February 9,
March 9, and/or June 9, 2026.
appeal, which is hereby DISMISSED. See Maloy, 226 Ga. App. at 491; Smoak, 221
Ga. App. at 257–58.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
08/12/2026
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.