From Casetext: Smarter Legal Research

Thomas v. Ngyen

Court of Appeals of Georgia
Feb 18, 2022
No. A22D0239 (Ga. Ct. App. Feb. 18, 2022)

Opinion

A22D0239

02-18-2022

JAMES C. THOMAS v. TRIEN NGYEN.


The Court of Appeals hereby passes the following order:

James C. Thomas, proceeding pro se, filed this discretionary application seeking to appeal an order entered by the Magistrate Court of Clayton County in a dispossessory action. We lack jurisdiction.

"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." 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 have already been reviewed by the state or superior court. See Westwind Corp. v. Wash. Fed. S & L Assn., 195 Ga.App. 411, 411 (1) (393 S.E.2d 479) (1990). Absent an appealable state or superior court order, we are unable to obtain jurisdiction over this application, which is hereby DISMISSED.


Summaries of

Thomas v. Ngyen

Court of Appeals of Georgia
Feb 18, 2022
No. A22D0239 (Ga. Ct. App. Feb. 18, 2022)
Case details for

Thomas v. Ngyen

Case Details

Full title:JAMES C. THOMAS v. TRIEN NGYEN.

Court:Court of Appeals of Georgia

Date published: Feb 18, 2022

Citations

No. A22D0239 (Ga. Ct. App. Feb. 18, 2022)