Background
On August 6, 2026, the Fulton County Magistrate Court granted Cardinal Group Atlanta I LLC, doing business as Westmar Student Lofts, a writ of possession against Lesilee Alabre. The magistrate court also awarded Cardinal Group past-due rent and court costs.
Alabre, proceeding without counsel, filed an application for discretionary review in the Georgia Court of Appeals on August 11, 2026. She sought permission to appeal the magistrate court’s August 6 order directly to the Court of Appeals.
The Court’s Holding
The Court of Appeals held that it lacked jurisdiction. Under OCGA § 15-10-41(b)(1), appellate review of a magistrate court judgment ordinarily must first occur in a state or superior court. The Court of Appeals therefore may address a magistrate court order only after review by one of those courts.
To the extent Alabre’s filing could be construed as a petition for review under OCGA § 5-3-1 et seq., the court transferred it to the Fulton County Magistrate Court with instructions to transmit it to the appropriate state or superior court. The court emphasized that its conclusion was based on limited materials and did not prevent the receiving courts from determining that Alabre had failed to perfect an appeal or that jurisdiction belonged elsewhere.
Key Takeaways
- A party generally cannot appeal a Georgia magistrate court judgment directly to the Court of Appeals.
- Review ordinarily must first be sought in the appropriate state or superior court under OCGA § 15-10-41(b)(1).
- The transfer did not decide whether Alabre properly perfected an appeal or which lower appellate court ultimately had jurisdiction.
Why It Matters
The order underscores the importance of following Georgia’s prescribed appellate path for magistrate court judgments. Filing directly in the Court of Appeals does not give that court jurisdiction when the judgment has not first been reviewed by a state or superior court.
It also illustrates that transfer preserves the possibility of review without resolving threshold issues left for the receiving courts, including the timeliness and perfection of the appeal and the proper forum.