Michelle Davis v. Resicap Georgia Owner III LLC - Resihome LLC

Court of Appeals
of the State of Georgia

ATLANTA,____________________
June 17, 2026

The Court of Appeals hereby passes the following order:

A26D0581. MICHELLE DAVIS v. RESICAP GEORGIA OWNER III LLC -
RESIHOME LLC.

Michelle Davis filed this application for discretionary appeal seeking review of
a judgment entered by the Magistrate Court of DeKalb County in this dispossessory
case. 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 a de novo appeal
to the state or superior court.” Tate v. Habif, 367 Ga. App. 435, 438–39(2) (886 SE2d
389) (2023) (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.” Harris v. Reserve at Hollywood LLC, 376 Ga. App. 553, 553 (920 SE2d 163)
(2025). The Georgia Constitution, however, 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 of Appeals Rule 11(b).
To the extent this filing may be construed as a petition for review, it is hereby
TRANSFERRED to the Magistrate Court of DeKalb County with direction to
transmit it to the state or superior court for disposition as appropriate. We recognize
that we are in possession of limited material and that our determination that
jurisdiction may lie in another court is limited by the dearth of information. Thus, our
ruling should not constrain either the magistrate court or the state or superior court
to the extent those courts determine either that Davis has not perfected the right to
appeal or that jurisdiction lies elsewhere.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
06/17/2026
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.