Special Hester v. Loganville Properties Ki, LLC D/B/A Alexander Crossing Pdq Services Inc ( 2023 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
November 15, 2023
The Court of Appeals hereby passes the following order:
A24D0125. SPECIAL HESTER v. LOGANVILLE PROPERTIES KI, LLC
d/b/a ALEXANDER CROSSING PDQ SERVICES INC.
In this dispossessory action, on October 16, 2023, the Magistrate Court of
Walton County entered an order granting a writ of possession to the plaintiff and
against the defendant Special Hester. On October 23, 2023, Hester filed this
application seeking discretionary review of the magistrate court order. We, however,
lack jurisdiction.
“[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.” Tate v. Habif, 367 Ga. App. 435, 438-439 (2) (886 SE2d 389)
(2023) (punctuation omitted). Thus, this Court has jurisdiction to address an order of
the magistrate court only if that order has been reviewed by a state or superior court.
See 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). 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;
Bosma v. Gunter, 258 Ga. 664, 665 (373 SE2d 368) (1988); accord Court of Appeals
Rule 11 (b).
Accordingly, this application is hereby TRANSFERRED to the Superior Court
of Walton County.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
11/15/2023
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.