Background
In a dispossessory action, a magistrate court on July 14, 2026, awarded Orchard Walk LP dba Orchard Walk past-due rent and a writ of possession for premises leased to Shenada Henderson.
Henderson filed an application for discretionary review in the Court of Appeals on July 27, 2026—13 days after entry of the magistrate court’s order.
The Court’s Holding
The Court of Appeals dismissed the application for lack of jurisdiction. Appeals from magistrate court judgments must proceed by de novo appeal to a state or superior court, rather than directly to the Court of Appeals.
Although the court can sometimes transfer an improperly filed magistrate-court appeal, a dispossessory appeal must be filed within seven days after entry of judgment. Because Henderson filed 13 days after the judgment, she had lost her right to appeal, and the court declined to transfer the matter.
Key Takeaways
- A magistrate-court judgment is appealed de novo to state or superior court.
- Dispossessory appeals have a seven-day filing deadline.
- An untimely appeal does not confer appellate jurisdiction and will not be transferred.
Why It Matters
The decision underscores that the shortened statutory deadline in dispossessory cases controls over the general 30-day period for magistrate-court appeals. Parties seeking review must file in the proper court within seven days of judgment.