Yet in White Repair Co. v. Oviedo, 188 Ga. App. 672, 674 (3) ( 373 S.E.2d 784) (1988), we regarded the transfer provision as self-executing, citing it and a pre-rule case ( Edwards v. Edmondson, 173 Ga. App. 353, 355 ( 326 S.E.2d 550) (1985) (physical precedent)), as sole authority without mentioning the Uniform Transfer Rules which were already in effect. Also in Weitzel v. Griffin Assoc., 192 Ga. App. 89 ( 383 S.E.2d 653) (1989), the Constitution was regarded as the authority requiring transfer rather than dismissal; no mention is made of the rules. The Supreme Court, in Bosma v. Gunter, 258 Ga. 664 ( 373 S.E.2d 368) (1988), transferred an appeal to the superior court on the strength of the constitutional provision alone.

Bergen v. Martindale-Hubbell, 245 Ga. 742, 743 (2) ( 267 S.E.2d 10) (1980). Accord Weitzel v. Griffin Assoc., 192 Ga. App. 89 ( 383 S.E.2d 653) (1989); see generally Gary, "Annual Survey of Georgia Law: Trial Practice and Procedure," 32 Mercer L. Rev. 225, 230-232 (1981). We find this rationale equally applicable in the circumstance present in the instant case.