Morrow v. Pac Green Park LLC - Dispossessory Case Transfer
Summary
The Georgia Court of Appeals transferred Jayla Morrow v. Pac Green Park LLC back to the Magistrate Court of DeKalb County for proper routing to state or superior court. The appellate court lacked jurisdiction because appeals from magistrate court dispossessory judgments must proceed via de novo appeal to state or superior court under OCGA § 15-10-41(b)(1), not discretionary appeal to the Court of Appeals.
What changed
The Court of Appeals of Georgia issued an order transferring this dispossessory case (Docket No. A26D0427) back to the Magistrate Court of DeKalb County for proper routing. The case arose when Pac Green Park LLC obtained a writ of possession against tenant Jayla Morrow in magistrate court on March 13, 2026, and Morrow filed a discretionary appeal to the Court of Appeals on March 20, 2026. The appellate court held it lacked jurisdiction because OCGA § 15-10-41(b)(1) provides that the only avenue of appeal from magistrate court is a de novo appeal to state or superior court—the Court of Appeals can only address magistrate orders that have first been reviewed by a state or superior court.
Landlords and tenants in Georgia should understand that magistrate court dispossessory judgments cannot be appealed directly to the Court of Appeals; the proper procedure is a de novo appeal to the state or superior court. This transfer order does not address the merits of the underlying eviction dispute and imposes no new obligations on parties. The ruling does not constrain subsequent proceedings once the case is properly before the superior court.
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March 31, 2026 Get Citation Alerts Download PDF Add Note
Jayla Morrow v. Pac Green Park LLC, D/B/A Green Park
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26D0427
Disposition: Transferred To Superior/State Court
Disposition
Transferred To Superior/State Court
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 31, 2026
The Court of Appeals hereby passes the following order:
A26D0427. JAYLA MORROW v. PAC GREEN PARK LLC, d/b/a GREEN
PARK
PAC Green Park, LLC, d/b/a Green Park filed a dispossessory action against
Jayla Morrow in magistrate court. On March 13, 2026, the magistrate court signed an
order granting Green Park a writ of possession. Morrow then filed this application for
discretionary appeal on March 20, 2026. We lack jurisdiction.
Ordinarily, “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, 438–39(2) (886 SE2d
389) (2023) (citation modified). 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 Harris v. Reserve at Hollywood LLC, 376 Ga. App. 553, 553 (920 SE2d 163) (2025).
The Georgia Constitution, however, 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).
To the extent this filing may be construed as a timely notice of appeal, it is
hereby TRANSFERRED to the Magistrate Court of DeKalb County with direction
to transmit it to the state or superior court of DeKalb County for disposition as
appropriate.1
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/31/2026
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.
1
We recognize that we are in possession of limited material and that our
determination that jurisdiction may lie in state or superior court is limited by the
dearth of information. Thus, our ruling should not constrain either the magistrate
court or the state or superior court to the extent those courts determine either that
Morrow has not perfected her right to appeal or that jurisdiction lies elsewhere.
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