Akisha Reid v. Spoke at Peachtree Corners - Case Disposition

GA Court of Appeals Opinions

Filed March 26th, 2026

Detected March 26th, 2026

Summary

The Georgia Court of Appeals has transferred the case of Akisha Reid v. The Spoke at Peachtree Corners, LLC to the Superior/State Court. The court determined it lacked jurisdiction to review the Magistrate Court's order directly, as appeals from Magistrate Court judgments must first be heard by a state or superior court.

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What changed

The Georgia Court of Appeals has issued an order in the case of Akisha Reid v. The Spoke at Peachtree Corners, LLC, docket number A26D0410. The court determined that it does not have jurisdiction to directly review an order from the Magistrate Court of Gwinnett County regarding a writ of possession. According to OCGA § 15-10-41 (b) (1), appeals from magistrate court judgments must first be de novo appeals to the state or superior court.

Consequently, the case has been transferred to the appropriate Superior/State Court. This ruling clarifies the procedural pathway for appeals originating from magistrate courts in Georgia. Legal professionals involved in similar cases should ensure that all appeals from magistrate court judgments are initially filed with the state or superior court to maintain proper jurisdiction.

What to do next

Ensure all appeals from magistrate court judgments are initially filed with the state or superior court.

Source document (simplified)

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March 26, 2026 Get Citation Alerts Download PDF Add Note

Akisha Reid v. the Spoke at Peachtree Corners, LLC D/B/A Spoke at Peachtree Corners

Court of Appeals of Georgia

Citations: None known
Docket Number: A26D0410
Disposition: Transferred To Superior/State Court
Opinion
Authorities (2)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Disposition

Transferred To Superior/State Court

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 26, 2026

The Court of Appeals hereby passes the following order:

A26D0410. AKISHA REID v. THE SPOKE AT PEACHTREE CORNERS,
LLC d/b/a SPOKE AT PEACHTREE CORNERS.

On March 12, 2026, Akisha Reid filed an application for discretionary review
of a purported March 12, 2026 order of the Magistrate Court of Gwinnett County
commanding execution of a previously granted writ of possession. “But . . . 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, 438-439 (2) (886 SE2d 389) (2023) (citation and
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. See, e.g.,
Westwind Corp. v. Washington Fed. S & L Assn., 195 Ga. App. 411 (1) (393 SE2d 479)
(1990); Baker v. G. T., Ltd., 194 Ga. App. 450, 451 (3) (391 SE2d 1) (1990). So
pretermitting whether Robinson has sought review in a timely manner,1 we do not
have jurisdiction to address the magistrate court order. See Westwind Corp., 195 Ga.
App. at 411.
However, the Georgia Constitution 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) (“When an appeal or application filed in this Court is within

1
See OCGA § 44-7-56 (b) (1) (appeals in dispossessory actions must be filed
within seven days of the date the judgment was entered).
the jurisdiction of another court, it shall be transferred by order to that court.”).
Accordingly, this application is hereby transferred to the Magistrate Court of
Gwinnett County with direction to send it to the State or Superior Court of Gwinnett
County for disposition.2

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/26/2026
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.

2
Our determination that jurisdiction and venue lies in the State or Superior
Court of Gwinnett County is based on the limited record before us. The state and
superior court is under the same obligations as this court if it determines that it lacks
jurisdiction or that venue lies elsewhere.