Howard v. 3 Options Realty — Georgia Court of Appeals dismisses untimely appeal from consent dispossessory order

Case
Artecia Howard v. 3 Options Realty / Derek Leman
Court
Court of Appeals of Georgia
Judge
Not specified
Date Decided
October 9, 2026
Docket No.
A27D0208
Topics
Dispossessory; Appellate jurisdiction; Timeliness; Consent judgment
Source
Read the full opinion

Background

3 Options Realty / Derek Leman brought a dispossessory action against Artecia Howard in magistrate court. On September 15, 2026, the magistrate court entered a consent order awarding the plaintiff a monetary judgment and authorizing a writ of possession if Howard did not timely pay.

Howard filed an application for discretionary review in the Court of Appeals 17 days later, on October 2. She sought to appeal the magistrate court’s consent order.

The Court’s Holding

The Court of Appeals dismissed the application for lack of jurisdiction. Appeals from magistrate court judgments must proceed de novo to state or superior court, not directly to the Court of Appeals.

The court declined to transfer the matter because a dispossessory appeal must be filed within seven days of judgment. Howard filed 17 days after entry of the order and therefore lost her right to appeal. The court also held that, even if timely, Howard had waived appellate review by consenting to the judgment, with no claim that her consent resulted from fraud or mistake.

Key Takeaways

  • A magistrate court judgment cannot be appealed directly to the Georgia Court of Appeals.
  • Dispossessory appeals must be filed within seven days of the judgment.
  • A party generally cannot appeal a consent judgment absent fraud or mistake affecting that consent.

Why It Matters

The order underscores that the short statutory deadline for dispossessory appeals is jurisdictional. Filing in the wrong appellate court does not preserve an appeal when the applicable deadline has already expired.

✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top