Opinion
A24A1218
04-15-2024
EDWINA BRUMBAUGH v. TEKEYA R. PRIESTER.
The Court of Appeals hereby passes the following order:
On August 1, 2023, the Fulton County Magistrate Court entered a $6,382.50 judgment in favor of plaintiffs Tekeya Preister and Table 25 Fork + Wine and against defendants Edwina Brumbaugh and Jackson Charles Design Specialist. Here, Brumbaugh appeals. 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 S.E.2d 225) (1991). Thus, 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 S.E.2d 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 S.E.2d 368) (1988); accord Court of Appeals Rule 11 (b).
Accordingly, this appeal is hereby TRANSFERRED to the Fulton County Superior Court.