Thomas P. Cameron v. Deutsche Bank Trust Company Americas

Court of Appeals of Georgia

Thomas P. Cameron v. Deutsche Bank Trust Company Americas

DecidedApril 3, 2020

DocketA20A1529

StatusPublished

This text of Thomas P. Cameron v. Deutsche Bank Trust Company Americas (Thomas P. Cameron v. Deutsche Bank Trust Company Americas) 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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Thomas P. Cameron v. Deutsche Bank Trust Company Americas, (Ga. Ct. App. 2020).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 18, 2020

The Court of Appeals hereby passes the following order:

A20A1529. THOMAS P. CAMERON v. DEUTSCHE BANK TRUST COMPANY AMERICAS.

On November 21, 2019, the Fulton County Magistrate Court issued a writ of possession to the plaintiff in this civil action. Defendant Thomas Cameron filed a timely direct appeal to this Court on Monday, December 2, 2019.1 We lack jurisdiction. “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 thus may address magistrate court matters only if they already have been reviewed by the state or superior court. See Westwind Corp. v. Washington Fed. S & L Assn., 195 Ga. App. 411, 411 (1) (393 SE2d 479) (1990). The Georgia Constitution 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; Bosma v. Gunter, 258 Ga. 664, 665 (373 SE2d 368) (1988); accord Court of Appeals Rule 11

1 See OCGA §§ 1-3-1 (d) (3); 1-4-1 (a) (2); 44-7-56; City of Atlanta v. Hector, 256 Ga. App. 665, 666 (569 SE2d 600) (2002). Thursday and Friday, November 28 and 29, 2019, were observed as state holidays in Georgia. See Governor Nathan Deal, 2019 State Holidays, http://team.georgia.gov/wp-content/uploads/2018/10/ 2019-State-Holidays-Memo-07.18.18.pdf (July 18, 2018). (b). Accordingly, this appeal is hereby TRANSFERRED to the Fulton County Superior Court.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/18/2020 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,____________________ March 18, 2020

The Court of Appeals hereby passes the following order:

A20A1529. THOMAS P. CAMERON v. DEUTSCHE BANK TRUST COMPANY AMERICAS.

On November 21, 2019, the Fulton County Magistrate Court issued a writ of possession to the plaintiff in this civil action. Defendant Thomas Cameron filed a timely direct appeal to this Court on Monday, December 2, 2019.1 We lack jurisdiction. “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 thus may address magistrate court matters only if they already have been reviewed by the state or superior court. See Westwind Corp. v. Washington Fed. S & L Assn., 195 Ga. App. 411, 411 (1) (393 SE2d 479) (1990). The Georgia Constitution 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; Bosma v. Gunter, 258 Ga. 664, 665 (373 SE2d 368) (1988); accord Court of Appeals Rule 11

1 See OCGA §§ 1-3-1 (d) (3); 1-4-1 (a) (2); 44-7-56; City of Atlanta v. Hector, 256 Ga. App. 665, 666 (569 SE2d 600) (2002). Thursday and Friday, November 28 and 29, 2019, were observed as state holidays in Georgia. See Governor Nathan Deal, 2019 State Holidays, http://team.georgia.gov/wp-content/uploads/2018/10/ 2019-State-Holidays-Memo-07.18.18.pdf (July 18, 2018). (b). Accordingly, this appeal is hereby TRANSFERRED to the Fulton County Superior Court.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/18/2020 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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Thomas P. Cameron v. Deutsche Bank Trust Company Americas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-p-cameron-v-deutsche-bank-trust-company-americas-gactapp-2020.

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