roberts/heywood Property v. Rayonier Forest Resources, Lp

• Court: Court of Appeals of Georgia
• Decided: May 19, 2026
• Docket: A26D0508
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 19, 2026

The Court of Appeals hereby passes the following order:

A26D0508. ROBERTS/HEYWOOD PROPERTY v. RAYONIER FOREST RESOURCES, LP.

In this property action, Roberts/Heywood Property and Joseph Roberts (“Roberts”) sued Rayonier Forest Resources, LP (“Rayonier”). Rayonier filed a motion to dismiss, asserting that neither Roberts/Heywood Property nor Roberts had standing. The trial court subsequently allowed 60 days for a proper party plaintiff to enter the case. After no proper party plaintiff was substituted in the case, Rayonier filed a renewed motion to dismiss the action, which the trial court granted after finding “Roberts/Heywood Property” is not a natural person, artificial person, or quasi-artificial person capable of bringing suit and Roberts is not the owner of the property. Roberts then filed a pro se application for discretionary appeal in the Supreme Court of Georgia, which transferred the case to this Court. See Case No. S26D1090 (Apr. 16, 2026). Under OCGA § 5-6-34 (a) (1), a party may file a direct appeal from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35.” Here, the trial court’s dismissal constituted a final judgment, and thus the order is subject to direct appeal. Under OCGA § 5-6-35(j), this Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal. City of Rincon v. Couch, 272 Ga. App. 411, 412 (612 SE2d 596) (2005). Accordingly, this application is hereby GRANTED. Roberts shall have ten days from the date of this order to file a notice of appeal in the superior court. See OCGA § 5-6-35(g). If he already has filed a notice of appeal in the superior court, then he need not file a second notice. The clerk of the superior court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/19/2026 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.