Robinson v. Acv Vx, LLC - Case Transferred to Superior/State Court

GA Court of Appeals Opinions

Filed March 26th, 2026

Detected March 26th, 2026

Summary

The Georgia Court of Appeals has transferred the case of Rashod Robinson v. Acv Vx, LLC to the appropriate Superior or State Court. The appellate court determined it lacked jurisdiction to review a magistrate court order directly, as appeals from magistrate courts 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 transferring the case of Rashod Robinson v. Acv Vx, LLC to the appropriate Superior or State Court. The appellate court found that it lacked direct jurisdiction to review an order from the Magistrate Court of DeKalb County, citing OCGA § 15-10-41 (b) (1), which mandates de novo appeals to state or superior courts from magistrate court judgments. This transfer is based on the constitutional provision allowing courts to transfer cases to the appropriate jurisdiction.

This ruling clarifies the procedural pathway for appeals originating from magistrate courts in Georgia. Parties involved in similar disputes should ensure that appeals from magistrate court orders are first filed with the correct state or superior court to maintain jurisdiction. Failure to follow this procedure could result in dismissal or transfer, as seen in this case, potentially causing delays in legal proceedings.

What to do next

Ensure all appeals from magistrate court orders are initially filed with the appropriate state or superior court.
Review internal procedures for handling appeals from magistrate court judgments to align with OCGA § 15-10-41 (b) (1).

Source document (simplified)

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March 26, 2026 Get Citation Alerts Download PDF Add Note

Rashod Robinson v. Acv Vx, LLC D/B/A Flats at East Atlanta

Court of Appeals of Georgia

Citations: None known
Docket Number: A26D0381
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:

A26D0381. RASHOD ROBINSON v. ACV VX, LLC d/b/a FLATS AT EAST
ATLANTA.

On February 24, 2026, Rashod Robinson filed an application for discretionary
review of a purported February 23, 2026 order of the Magistrate Court of DeKalb
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

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).
of Appeals Rule 11 (b) (“When an appeal or application filed in this Court is within
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 DeKalb
County with direction to send it to the State or Superior Court of DeKalb 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 and Superior
Courts of DeKalb County is based on the limited record before us. The state or
superior court is under the same obligations as this court if it determines that it lacks
jurisdiction or that venue lies elsewhere.