Opinion
A23D0379
07-19-2023
JONATHAN DAILY v. CARROLL MANAGEMENT GROUP LLC.
The Court of Appeals hereby passes the following order:
In this dispossessory action, the Magistrate Court of Cobb County granted a writ of possession to Carroll Management Group LLC for premises leased to Jonathan Daily. Daily then filed this application seeking discretionary review of the magistrate court order. We, however, lack jurisdiction.
"[T]he only avenue of direct 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 S.E.2d 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 S.E.2d 479) (1990); Baker v. G. T., Ltd., 194 Ga.App. 450, 451 (3) (391 S.E.2d 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 S.E.2d 368) (1988); accord Court of Appeals Rule 11 (b). Accordingly, this appeal is hereby TRANSFERRED to the Superior Court of Cobb County.