Danae Daniels v. Anderson at Clairmont Apartments

• Court: Court of Appeals of Georgia
• Decided: January 15, 2026
• Docket: A26D0302
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 15, 2026

The Court of Appeals hereby passes the following order:

A26D0302. DANAE DANIELS v. ANDERSON AT CLAIRMONT APARTMENTS.

Bel Clairmont d/b/a Anderson at Clairmont Apartments filed a dispossessory action against Danae Daniels in magistrate court. On January 8, 2026, the magistrate court granted the apartment a writ of possession, and Daniels filed this application for discretionary appeal. We lack jurisdiction. Ordinarily, “the 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.” Tate v. Habif, 367 Ga. App. 435, 438-439 (2) (886 SE2d 389) (2023) (citation modified). Thus, this Court has jurisdiction to address a magistrate court order only if the order has been reviewed by a state or superior court. See Harris v. Reserve at Hollywood LLC, 376 Ga. App. 553, 553 (920 SE2d 163) (2025). The Georgia Constitution, however, provides that “[a]ny court shall transfer to the appropriate court in the state any civil case in which it determines that jurisdiction or venue lies elsewhere.” Ga. Const. of 1983, Art. VI, Sec. I, Par. VIII; accord Court of Appeals Rule 11(b). To the extent this filing may be construed as an notice of appeal, it is hereby TRANSFERRED to the Magistrate Court of DeKalb County with direction to transmit it to the State Court of DeKalb County for disposition as appropriate.1

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/15/2026 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.

1 We recognize that we are in possession of limited material and that our determination that jurisdiction may lie in the state court is limited by the dearth of information. Thus, our ruling should not constrain either the magistrate court or the state court to the extent those courts determine either that Daniels has not perfected her right to appeal or that jurisdiction lies elsewhere.