Rashod Robinson v. Acv Vx, LLC D/B/A Flats at East Atlanta

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 26, 2026

The Court of Appeals hereby passes the following order:

A26D0381. RASHOD ROBINSON v. ACV VX, LLC d/b/a FLATS AT EAST
ATLANTA.

On February 24, 2026, Rashod Robinson filed an application for discretionary
review of a purported February 23, 2026 order of the Magistrate Court of DeKalb
County commanding execution of a previously granted writ of possession. “But . . .
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.” Tate v. Habif, 367 Ga. App. 435, 438-439 (2) (886 SE2d 389) (2023) (citation
and punctuation omitted). 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 (1) (393 SE2d 479)
(1990); Baker v. G. T., Ltd., 194 Ga. App. 450, 451 (3) (391 SE2d 1) (1990). So
pretermitting whether Robinson has sought review in a timely manner,1 we do not
have jurisdiction to address the magistrate court order. See Westwind Corp., 195 Ga.
App. at 411.
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. Accord Court

1
See OCGA § 44-7-56 (b) (1) (appeals in dispossessory actions must be filed
within seven days of the date the judgment was entered).
of Appeals Rule 11 (b) (“When an appeal or application filed in this Court is within
the jurisdiction of another court, it shall be transferred by order to that court.”).
Accordingly, this application is hereby transferred to the Magistrate Court of DeKalb
County with direction to send it to the State or Superior Court of DeKalb County for
disposition.2

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/26/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.

2
Our determination that jurisdiction and venue lies in the State and Superior
Courts of DeKalb County is based on the limited record before us. The state or
superior court is under the same obligations as this court if it determines that it lacks
jurisdiction or that venue lies elsewhere.