Indie Holdings, Inc. v. Candace G. Spencer
CourtCourt of Appeals of Georgia
Date FiledJuly 23, 2026
DocketA26A2455
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 23, 2026
The Court of Appeals hereby passes the following order:
A26A2455. INDIE HOLDINGS, INC. v. CANDACE G. SPENCER.
Indie Holdings, Inc. sought to garnish Candace Spencer’s wages to satisfy a
2007 judgment. The superior court granted Spencer’s claim of exemption, finding
that the debt had been discharged in bankruptcy. Indie filed both a discretionary
application and a notice of appeal. We denied the discretionary application on the
merits. Case No. A26D0555 (Jun. 17, 2026). This is the direct appeal. We, however,
lack jurisdiction for two reasons.
First, Indie is not entitled to a direct appeal. Appeals in cases involving
garnishment must be initiated by an application for discretionary appeal, subject to
exceptions not applicable here. See OCGA § 5-6-35(a)(4), (b); Maloy v. Ewing, 226
Ga. App. 490, 491 (486 SE2d 708) (1997).
Second, this Court’s denial of Indie’s application for discretionary appeal was
a decision on the merits. See Elrod v. Sunflower Meadows Dev., LLC, 322 Ga. App.
666, 670(4) (745 SE2d 846) (2013) (“[W]hen this Court examines a request for a
discretionary appeal, it acts in an error-correcting mode such that a denial of the
application is on the merits, and the order denying the application is res judicata with
respect to the substance of the requested review.”). Thus, Indie has no right to a
direct appeal from the same order. See Northwest Social & Civic Club v. Franklin, 276
Ga. 859, 860 (583 SE2d 858) (2003) (punctuation omitted); see also Hook v. Bergen,
286 Ga. App. 258, 261(1) (649 SE2d 313) (2007) (holding that party was estopped
from seeking further judicial review of same order when discretionary application had
been denied).
For these reasons, we lack jurisdiction over this direct appeal, which is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
07/23/2026
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.