Mark A. Ebhohimen v. Realistry Acquisitions, LLC
CourtCourt of Appeals of Georgia
Date FiledOctober 26, 2026
DocketA27D0203
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 26, 2026
The Court of Appeals hereby passes the following order:
A27D0203. MARK A. EBHOHIMEN et al. v. REALISTRY ACQUISITIONS,
LLC.
This case began as a dispossessory proceeding in magistrate court, which issued
writs of possession as to two properties in favor of plaintiff Realistry Acquisitions,
LLC, and required defendant Mark Ebhohimen to pay monthly amounts into the court
registry for each property, beginning on August 1, 2026, as a condition of appeal.
Ebhohimen, individually and as trustee of the Ebhohimen Living Trust, filed a pro se
petition for review in superior court. Realistry moved in the superior court for an
immediate writ of possession due to Ebhohimen’s failure to pay the amounts due into
the court registry and asserted a counterclaim for past-due rent, interest, and OCGA
§ 13-6-11 attorney fees. On August 7, 2026, the superior court granted Realistry’s
motion for immediate possession and issued writs of possession as to both properties.
On August 13, 2026, after Ebhohimen delivered checks in the amounts due into the
court registry, the superior court stayed its August 7 rulings and scheduled a hearing.
Ebhohimen then filed, in this Court, an application for discretionary review of the
August 7 orders, which we dismissed for lack of jurisdiction because the orders were
interlocutory. Ebhohimen v. Realistry Acquisitions, Case No. A27D0069 (Sept. 8,
2026).
Following the hearing, the superior court issued an order on September 25,
2026, finding that the checks Ebhohimen delivered on August 13 were returned for
insufficient funds. On that basis, the court lifted its stay and granted an immediate writ
of possession to Realistry. On October 1, 2026, Ebhohimen, still proceeding pro se,
filed this application for review of the September 25 order pursuant to OCGA § 5-6-
35(a)(1), the discretionary appeal statute. We again lack jurisdiction.
Ebhohimen acknowledges in his application that Realistry’s counterclaim still
remains pending before the superior court. Consequently, the September 25 order
was a non-final order that did not resolve all issues in this case. See Rivera v. Housing
Auth. of Fulton County, 163 Ga. App. 648, 648 (295 SE2d 336) (1982); Grantham v.
Nelson, 160 Ga. App. 68, 68 (286 SE2d 59) (1981). As a result, Ebhohimen was
required to follow the OCGA § 5-6-34(b) interlocutory review procedures to appeal
that order. See Grantham, 160 Ga. App. at 68. Where, as here, both discretionary and
interlocutory review procedures apply, an applicant must follow the interlocutory
appeal procedures and obtain a timely certificate of immediate review from the trial
court before filing an application. See Scruggs v. Ga. Dep’t of Human Res., 261 Ga. 587,
588–89(1) (408 SE2d 103) (1991). Ebhohimen’s failure to comply with the
interlocutory appeal requirements deprives us of jurisdiction over this application for
discretionary review, which is hereby DISMISSED. See Grantham, 160 Ga. App. at
68.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/26/2026
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.