Opinion
A24D0260
03-07-2024
QIETA WORLDS v. CRH INVESTMENTS LLC.
The Court of Appeals hereby passes the following order:
On February 19, 2024, the Magistrate Court of Douglas County entered a judgment in favor of the plaintiff in this dispossessory action. On February 22, 2024, defendant Qieta Worlds filed this application seeking discretionary review of the magistrate court's order. We, however, lack jurisdiction.
"[T]he 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) (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. See also Bosma v. Gunter, 258 Ga. 664, 665 (373 S.E.2d 368) (1988); accord Court of Appeals Rule 11 (b).
Accordingly, this application is hereby TRANSFERRED to the Superior Court of Douglas County.