HARRIS v. RESERVE AT HOLLYWOOD LLC (2025)

The Court of Appeals hereby passes the following order:

In this dispossessory action, the magistrate court entered a writ of possession in favor of the plaintiffs on July 7, 2025. Mikhiya Harris filed an application for discretionary review to this Court on August 11, 2025. We, however, lack jurisdiction.

Ordinarily, the only avenue of appeal available from a magistrate court judgment is provided by OCGA § 15-10-41 (b), which allows for appellate review in the state or superior court. See Tate v. Habif, 367 Ga. App. 435, 438-439 (2), 886 S.E.2d 389 (2023); see OCGA § 5-3-4 (a) (providing that state and superior courts have appellate jurisdiction over final judgments of lower judicatories). Thus, this Court has jurisdiction to address a magistrate court order only if the order has been reviewed by a state or superior court. See, e.g., 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). But under the Georgia Constitution, “[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; accord Court of Appeals Rule 11 (b).

As such, this Court at times has transferred applications seeking review of magistrate court orders back to the magistrate court with direction to send the case to state or superior court. Here, however, Harris's application is untimely because it was filed more than seven days after the entry of the magistrate court's order. See OCGA § 44-7-56 (b) (1); Stubbs v. Local Homes, LLC, 375 Ga. App. 513, 516-517, 915 S.E.2d 91 (2025); Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga. App. 334, 335-336, 715 S.E.2d 752 (2011). The deadlines for filing applications for discretionary review are jurisdictional, and this Court cannot accept an application not made in compliance with the applicable deadline. See Boyle v. State, 190 Ga. App. 734, 734, 380 S.E.2d 57 (1989).

Thus, we decline to transfer this case back to magistrate court with direction to send the case to state or superior court. Rather, the application is hereby DISMISSED.