April Campbell v. Columbia Park Citi - Landlord-Tenant Dispossessory

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April 6, 2026 Get Citation Alerts Download PDF Add Note

April Campbell v. Columbia Park Citi

Court of Appeals of Georgia

• Citations: None known
• Docket Number: A26D0405

• Disposition: Discretionary Application Dismissed

• Opinion

• Authorities (1)

• Cited By (0)

• Summaries (0)

• Similar Cases (0)

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Disposition

Discretionary Application Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 06, 2026

The Court of Appeals hereby passes the following order:

A26D0405. APRIL CAMPBELL v. COLUMBIA PARK CITI, et al.

Columbia Park Citi and Columbia Residential (collectively, “Columbia”) filed
this dispossessory action in the Magistrate Court of Fulton County seeking past-due
rent and a writ of possession for premises leased to April Campbell. On February 25,
2026, the magistrate court entered judgment in favor of Columbia, granting it a writ
of possession and $11,773.69 in past due rent. On March 10, 2026, Campbell filed this
application for discretionary review of the magistrate court’s order. We lack
jurisdiction.
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. See Tate v. Habif, 367 Ga. App. 435, 438-439(2) (886 SE2d 389)
(2023) (citation and punctuation omitted). Where an application for discretionary
appeal represents an attempt to appeal a magistrate order, this Court will occasionally
transfer that application to the magistrate court with direction to send the appeal to
state or superior court. See Ga. Const. of 1983, Art. VI, Sec. I, Par. VIII (“[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”); OCGA § 5-3-4(a) (granting superior and
state courts appellate jurisdiction over final judgments of lower judicatories). Like this
Court, however, the state and superior courts have appellate jurisdiction only where
an appeal is filed within the time prescribed by statute. See OCGA § 5-3-7. See also
Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga. App. 334, 336 (715 SE2d 752)
(2011) (“The proper and timely filing of a notice of appeal is an absolute requirement
to confer jurisdiction upon the appellate court.”) (citation and punctuation omitted).
While an appeal from magistrate court generally may be filed within 30 days of entry
of the order sought to be appealed, see OCGA § 5-3-7, appeals in dispossessory
actions must be filed within seven days of the date the judgment was entered. See
OCGA § 44-7-56 (b) (1); Stubbs v. Local Homes, LLC, 375 Ga. App. 513, 516 (915
SE2d91) (2025); Radio Sandy Springs, 311 Ga. App. at 335-336. Here, Campbell’s
application was filed 13 days following entry of the magistrate court’s order. Given
that fact, Campbell has lost her right of appeal. Accordingly, we decline to transfer this
case back to the magistrate court with direction to send the appeal to state or superior
court, and this application is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/06/2026
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.