Norma Stinson v. Ga Woodridge 1, LLC D/B/A the Abernathy

Court of Appeals
of the State of Georgia

ATLANTA,____________________
June 05, 2026

The Court of Appeals hereby passes the following order:

A26D0520. NORMA STINSON v. GA WOODRIDGE 1, LLC d/b/a THE
ABERNATHY.

GA Woodridge 1, LLC d/b/a The Abernathy brought a dispossessory action
against Norma Stinson in magistrate court, and the magistrate court entered a default
judgment against Stinson. Stinson has filed an application for discretionary review
from the magistrate court’s judgment. We lack jurisdiction.
Ordinarily, the only avenue of appeal available from a magistrate court
judgment is provided by OCGA § 15-10-41(b)(1), which allows for appellate review
in the state or superior court. See Tate v. Habif, 367 Ga. App. 435, 438-439(2) (886
SE2d 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 SE2d 479) (1990); Baker v. G. T., Ltd., 194 Ga. App. 450,
451(3) (391 SE2d 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. However, under OCGA § 15-10-41(b)(2), “[n]o appeal shall
lie from a default judgment” entered in magistrate court. Accordingly, 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.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
06/05/2026
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.