Audrey H. G. Brooks v. Brookfield Apartment Homes

Court of Appeals of Georgia

Audrey H. G. Brooks v. Brookfield Apartment Homes

DecidedSeptember 10, 2020

DocketA21D0019

StatusPublished

This text of Audrey H. G. Brooks v. Brookfield Apartment Homes (Audrey H. G. Brooks v. Brookfield Apartment Homes) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Audrey H. G. Brooks v. Brookfield Apartment Homes, (Ga. Ct. App. 2020).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 21, 2020

The Court of Appeals hereby passes the following order:

A21D0019. AUDREY H. G. BROOKS v. BROOKFIELD APARTMENT HOMES PM RESIDENTIAL MANAGEMENT.

Brookfield Apartment Homes PM Residential Management filed a dispossessory action against Audrey H. G. Brooks in magistrate court. The magistrate court entered a writ of possession and judgment in favor of Brookfield Apartment Homes. Brooks then filed this application for discretionary appeal.1 We lack jurisdiction because this matter has not been reviewed by the state or superior court. As a general rule, “[t]he only avenue of appeal available from [a] magistrate court judgment is provided by OCGA § 15-10-41 (b) (1), which allows for a de novo appeal to the state or superior court.” Handler v. Hulsey, 199 Ga. App. 751, 751 (406 SE2d 225) (1991); see OCGA § 15-10-41 (b). If a party is aggrieved by the ruling of the state or superior court, that party may then seek discretionary review in this Court. See OCGA § 5-6-35 (a) (1), (11). However, this Court may only address magistrate court matters that already have been reviewed by the state or superior court. See Westwind Corp. v. Washington Fed. Savings & Loan Assn., 195 Ga. App. 411, 411 (1) (393 SE2d 479) (1990). Nothing in the application materials shows that the magistrate court’s order has been reviewed by a state or superior court. Accordingly, we lack jurisdiction to consider Brooks’s application for discretionary appeal, which is hereby DISMISSED.

1 Brooks filed her discretionary application in the Supreme Court, which transferred the matter to this Court. See Case No. S20D0429. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/21/2020 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ August 21, 2020

The Court of Appeals hereby passes the following order:

A21D0019. AUDREY H. G. BROOKS v. BROOKFIELD APARTMENT HOMES PM RESIDENTIAL MANAGEMENT.

Brookfield Apartment Homes PM Residential Management filed a dispossessory action against Audrey H. G. Brooks in magistrate court. The magistrate court entered a writ of possession and judgment in favor of Brookfield Apartment Homes. Brooks then filed this application for discretionary appeal.1 We lack jurisdiction because this matter has not been reviewed by the state or superior court. As a general rule, “[t]he only avenue of appeal available from [a] magistrate court judgment is provided by OCGA § 15-10-41 (b) (1), which allows for a de novo appeal to the state or superior court.” Handler v. Hulsey, 199 Ga. App. 751, 751 (406 SE2d 225) (1991); see OCGA § 15-10-41 (b). If a party is aggrieved by the ruling of the state or superior court, that party may then seek discretionary review in this Court. See OCGA § 5-6-35 (a) (1), (11). However, this Court may only address magistrate court matters that already have been reviewed by the state or superior court. See Westwind Corp. v. Washington Fed. Savings & Loan Assn., 195 Ga. App. 411, 411 (1) (393 SE2d 479) (1990). Nothing in the application materials shows that the magistrate court’s order has been reviewed by a state or superior court. Accordingly, we lack jurisdiction to consider Brooks’s application for discretionary appeal, which is hereby DISMISSED.

1 Brooks filed her discretionary application in the Supreme Court, which transferred the matter to this Court. See Case No. S20D0429. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/21/2020 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.

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Audrey H. G. Brooks v. Brookfield Apartment Homes, Counsel Stack Legal Research, https://law.counselstack.com/opinion/audrey-h-g-brooks-v-brookfield-apartment-homes-gactapp-2020.

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