Ergin Tek v. Holly Park Square Apartments, LLC

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 30, 2026

The Court of Appeals hereby passes the following order:

A26E0169, A26E0170, A26E0171. ERGIN TEK et al. v. HOLLY PARK
SQUARE APARTMENTS, LLC.

Ergin Tek has filed pro se emergency motions for a stay of trial court
proceedings pending appeal and “for [s]upersedeas in the above-styled action[s].” But
in the motions, Tek states that he has timely filed notices of appeal from purported
final orders vacating a materialman’s lien and dismissing Tek’s petition to enforce
such a lien. “The notice of appeal filed as provided in OCGA §§ 5-6-34 (a), 5-6-37,
and 5-6-38 shall serve as supersedeas upon payment of all costs in the trial court by the
appellant. See OCGA § 5-6-46.” Court of Appeals Rule 40 (a).

Because Tek has failed to show that an emergency order giving direction to the
trial court is “necessary to preserve jurisdiction of an appeal or to prevent the
contested issue from becoming moot[,]” Court of Appeals Rule 40 (b), his emergency
motions in the above-styled cases are hereby denied.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/30/2026
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.