Tameka Thomas v. Reserve at Stonecreek LLC

• Court: Court of Appeals of Georgia
• Decided: July 11, 2025
• Docket: A25D0479
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 11, 2025

The Court of Appeals hereby passes the following order:

A25D0479. TAMEKA THOMAS v. RESERVE AT STONECREEK LLC.

In this dispossessory action, the magistrate court issued a writ of possession and a judgment of $3,396.60 against defendant Tameka Thomas on June 4, 2025. Thomas then filed this application for discretionary review on July 1, 2025. We lack jurisdiction. Ordinarily, the only avenue of appeal available from a magistrate court judgment is provided by OCGA § 15-10-41 (b), which allows for appellate review in the state or superior court. See Tate v. Habif, 367 Ga. App. 435, 438-439 (2) (886 SE2d 389) (2023); see OCGA § 5-3-4 (a) (providing that state and superior courts have appellate jurisdiction over final judgments of lower judicatories). 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, e.g., Westwind Corp. v. Washington Fed. S & L Assn., 195 Ga. App. 411, 411 (1) (393 SE2d 479) (1990); Baker v. G. T., Ltd., 194 Ga. App. 450, 451 (3) (391 SE2d 1) (1990). But under the Georgia Constitution, “[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). As such, this Court at times has transferred applications seeking review of magistrate court orders back to the magistrate court with direction to send the case to state or superior court. However, appeals in dispossessory actions must be filed within seven days of the date the judgment was entered. See OCGA § 44-7-56 (b) (1); Stubbs v. Local Homes, ___ Ga. App. ___, ___ (915 SE2d 91), Case No. A25A0036, slip op. at 3-8 (Apr. 22, 2025); Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga. App. 334, 335-336 (715 SE2d 752) (2011). The deadlines for filing applications for discretionary review are jurisdictional, and this Court cannot accept an application not made in compliance with the applicable deadline. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). The instant application is untimely because it was filed 27 days after entry of the magistrate court’s judgment. Thus, we decline to transfer this case back to magistrate court with direction to send the case to state or superior court. Rather, the application is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/11/2025 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.