Taria McKinney v. Imp Elevate West Village, LLC

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 17, 2026

The Court of Appeals hereby passes the following order:

A26A1467. TARIA MCKINNEY v. IMP ELEVATE WEST VILLAGE, LLC.

This dispossessory proceeding began in magistrate court. After the landlord
obtained a writ of possession, Taria McKinney filed a petition for review to the
superior court. On February 6, 2026, the superior court granted a writ of possession
for failing to pay rent into the court registry. McKinney filed a direct appeal to this
Court on February 24, 2026. We, however, lack jurisdiction.
First, because the underlying issue involves the superior court’s de novo review
of a magistrate court ruling, McKinney was required to follow the discretionary appeal
procedures. See OCGA § 5-6-35(a)(1); English v. Delbridge, 216 Ga. App. 366, 367 (454
SE2d 175) (1995). Second, the notice of appeal is untimely. Under OCGA §
44-7-56(b)(1), a notice of appeal in a dispossessory action “shall be filed within seven
days of the date such judgment was entered.” Here, however, McKinney filed the
notice of appeal 18 days after entry of the superior court’s order.
For these reasons, we lack jurisdiction over this direct appeal, which is hereby
DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/17/2026
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.