Taria McKinney v. Imp Elevate West Village, LLC - Dismissed

GA Court of Appeals Opinions

Filed March 17th, 2026

Detected March 18th, 2026

Summary

The Georgia Court of Appeals dismissed the direct appeal filed by Taria McKinney in a dispossessory proceeding against Imp Elevate West Village, LLC. The court found the appeal was untimely and that McKinney failed to follow the correct discretionary appeal procedures.

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What changed

The Georgia Court of Appeals, in case number A26A1467, has dismissed the direct appeal filed by Taria McKinney concerning a dispossessory proceeding against Imp Elevate West Village, LLC. The court determined that the appeal was untimely, as the notice of appeal was filed 18 days after the superior court's order granting a writ of possession for non-payment of rent, exceeding the seven-day limit stipulated by OCGA § 44-7-56(b)(1). Furthermore, the court noted that McKinney should have followed discretionary appeal procedures under OCGA § 5-6-35(a)(1) for de novo review of a magistrate court ruling.

This dismissal means the superior court's order granting the writ of possession stands. For legal professionals involved in similar cases, this serves as a reminder of strict adherence to appellate procedure timelines and the correct procedural pathways for appeals stemming from magistrate court rulings reviewed de novo by superior courts. Failure to comply with these procedural requirements can result in the dismissal of an appeal, as demonstrated in this case.

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March 17, 2026 Get Citation Alerts Download PDF Add Note

Taria McKinney v. Imp Elevate West Village, LLC

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1467
Disposition: Dismissed
Opinion
Authorities (1)
Cited By (0)
Summaries (0)
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Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 17, 2026

The Court of Appeals hereby passes the following order:

A26A1467. TARIA MCKINNEY v. IMP ELEVATE WEST VILLAGE, LLC.

This dispossessory proceeding began in magistrate court. After the landlord
obtained a writ of possession, Taria McKinney filed a petition for review to the
superior court. On February 6, 2026, the superior court granted a writ of possession
for failing to pay rent into the court registry. McKinney filed a direct appeal to this
Court on February 24, 2026. We, however, lack jurisdiction.
First, because the underlying issue involves the superior court’s de novo review
of a magistrate court ruling, McKinney was required to follow the discretionary appeal
procedures. See OCGA § 5-6-35(a)(1); English v. Delbridge, 216 Ga. App. 366, 367 (454
SE2d 175) (1995). Second, the notice of appeal is untimely. Under OCGA §
44-7-56(b)(1), a notice of appeal in a dispossessory action “shall be filed within seven
days of the date such judgment was entered.” Here, however, McKinney filed the
notice of appeal 18 days after entry of the superior court’s order.
For these reasons, we lack jurisdiction over this direct appeal, which is hereby
DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/17/2026
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.