Opinion
A24D0416
08-05-2024
ANGELINE PAYNE v. SECRETARY OF VETERANS AFFAIRS, AS OFFICER OF THE UNITED STATES.
The Court of Appeals hereby passes the following order:
On July 1, 2024, the Fulton County Magistrate Court denied Angeline Payne's motion to set aside and vacate a default judgment and writ of possession. On July 16, 2024, Payne, proceeding pro se, filed this application for discretionary review of the July 1 order. We, however, lack jurisdiction.
Pretermitting whether Payne's application is timely, "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). 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. See also Bosma v. Gunter, 258 Ga. 664, 665 (373 S.E.2d 368) (1988); Court of Appeals Rule 11 (b).
Accordingly, this application is hereby TRANSFERRED to the Superior Court of Fulton County. In light of this ruling, Payne's motion to extend the time to file an appeal with this Court is DISMISSED as MOOT.