Opinion
A25D0014
08-05-2024
THOMAS GABRIEL DEAN v. SERCLEAN INC.
The Court of Appeals hereby passes the following order:
After the magistrate court entered judgment against him, Thomas Gabriel Dean filed this application for discretionary appeal. However, "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 S.E.2d 389) (2023) (citation and punctuation omitted). 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 S.E.2d 368) (1988). Accordingly, this application is hereby TRANSFERRED to the Superior Court of DeKalb County for disposition.