Opinion
A23D0353
06-22-2023
JASMINE WASHINGTON v. EVERNEST LLC.
The Court of Appeals hereby passes the following order:
In this dispossessory action, the Cherokee County Magistrate Court entered a default judgment against Jasmine Washington. Washington filed a motion to open default, which the magistrate court denied. Washington then filed this application for discretionary appeal. We, however, lack jurisdiction.
"The only avenue of appeal available from the 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). This Court thus 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). However, 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; 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 Cherokee County Superior Court.