Gary Wilson v. Woodward Properties

Court of Appeals of Georgia

Gary Wilson v. Woodward Properties

DecidedApril 4, 2016

DocketA16E0027

StatusPublished

This text of Gary Wilson v. Woodward Properties (Gary Wilson v. Woodward Properties) 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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Gary Wilson v. Woodward Properties, (Ga. Ct. App. 2016).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 30, 2016

The Court of Appeals hereby passes the following order:

A16E0027. GARY WILSON v. WOODWARD PROPERTIES.

Petitioner filed this emergency motion seeking to stop the execution of a writ of possession issued by the Magistrate Court of Fulton County. The only avenue of appeal available from the 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). This Court may only address magistrate court matters that already have been reviewed by the state or superior court. See Handler v. Hulsey, 199 Ga. App. 751 (406 SE2d 225) (1991); Westwind Corp. v. Washington Federal Savings & Loan Assn., 195 Ga. App. 411 (1) (393 SE2d 479) (1990). The Georgia Constitution requires 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.” See Ga. Const. of 1983, Art. VI, Sec. I, Par. VIII; Bosma v. Gunter, 258 Ga. 664 (373 SE2d 368) (1988). Accordingly, this case is hereby TRANSFERRED to the Superior Court of Fulton County. Court of Appeals of the State of Georgia 03/30/2016 Clerk’s Office, Atlanta,____________________ 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,____________________ March 30, 2016

The Court of Appeals hereby passes the following order:

A16E0027. GARY WILSON v. WOODWARD PROPERTIES.

Petitioner filed this emergency motion seeking to stop the execution of a writ of possession issued by the Magistrate Court of Fulton County. The only avenue of appeal available from the 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). This Court may only address magistrate court matters that already have been reviewed by the state or superior court. See Handler v. Hulsey, 199 Ga. App. 751 (406 SE2d 225) (1991); Westwind Corp. v. Washington Federal Savings & Loan Assn., 195 Ga. App. 411 (1) (393 SE2d 479) (1990). The Georgia Constitution requires 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.” See Ga. Const. of 1983, Art. VI, Sec. I, Par. VIII; Bosma v. Gunter, 258 Ga. 664 (373 SE2d 368) (1988). Accordingly, this case is hereby TRANSFERRED to the Superior Court of Fulton County. Court of Appeals of the State of Georgia 03/30/2016 Clerk’s Office, Atlanta,____________________ 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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Gary Wilson v. Woodward Properties, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gary-wilson-v-woodward-properties-gactapp-2016.

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