Shanee Jeffers v. the Meridian Lafayette

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 10, 2024

The Court of Appeals hereby passes the following order: A25D0148. SHANEE JEFFERS v. THE MERIDIAN LAFAYETTE.

On November 22, 2024, Shanee Jeffers filed this application for discretionary appeal from a November 7, 2024 magistrate court order, which granted a writ of possession in favor of The Meridian Lafayette. We, however, lack jurisdiction. Pretermitting whether Jeffers’s application is timely,1 “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 and punctuation omitted). This Court 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. See also Bosma v. Gunter, 258 Ga. 664, 665 (373 SE2d 368) (1988); Court of Appeals Rule 11 (b).

1 Under OCGA § 44-7-56, a notice of appeal in a dispossessory matter must be filed with the clerk of the trial court within seven days.

Accordingly, this application for discretionary appeal is hereby TRANSFERRED to the Superior Court of Fayette County for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/10/2024 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.