Shaw v. Atlanta 330, LLC - Case Transfer

GA Court of Appeals Opinions

Filed February 25th, 2026

Detected February 27th, 2026

Summary

The Georgia Court of Appeals has transferred the case of Dominique Shaw v. Atlanta 330, LLC to the appropriate state or superior court. The appellate court determined it lacked jurisdiction over the appeal originating from a magistrate court dispossessory action.

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What changed

The Court of Appeals of Georgia has issued an order in Dominique Shaw v. Atlanta 330, LLC, docket number A26D0351, transferring the case to the Magistrate Court of Fulton County with directions to transmit it to the appropriate state or superior court. The appellate court determined it lacked jurisdiction to hear the appeal directly from the magistrate court's judgment in a dispossessory action, citing OCGA § 15-10-41(b) and relevant case law.

This action means the case will proceed in a lower court for further review. Legal professionals involved in this case should note the transfer and ensure all filings are directed to the correct court. The ruling also clarifies that the magistrate court or the state/superior court retains discretion to determine jurisdiction, as the appellate court's assessment was based on limited information.

What to do next

Ensure all case filings are directed to the appropriate state or superior court in Fulton County.
Review jurisdictional requirements for appeals from magistrate court judgments in Georgia.

Source document (simplified)

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Feb. 25, 2026 Get Citation Alerts Download PDF Add Note

Dominique Shaw v. Atlanta 330, LLC

Court of Appeals of Georgia

Citations: None known
Docket Number: A26D0351
Disposition: Transferred To Superior/State Court
Opinion
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Disposition

Transferred To Superior/State Court

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
February 25, 2026

The Court of Appeals hereby passes the following order:

A26D0351. DOMINIQUE SHAW v. ATLANTA 330, LLC.

Atlanta 330, LLC filed a dispossessory action against Dominique Shaw in the
Magistrate Court of Fulton County. After the magistrate court granted Atlanta 330 a
writ of possession, Shaw filed this application for discretionary appeal. We lack
jurisdiction.
Ordinarily, the only avenue of appeal available from a magistrate court
judgment is provided by OCGA § 15-10-41(b), which provides for appellate review in
the state or superior court. See Tate v. Habif, 367 Ga. App. 435, 438–39(2) (886 SE2d
389) (2023). 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 notice of appeal, it is hereby
TRANSFERRED to the Magistrate Court of Fulton County with direction to transmit
the case to the state or superior court of Fulton County for disposition as appropriate.1

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/25/2026
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 another court is limited by the dearth of
information. Thus, our ruling should not constrain the magistrate court or the state
or superior court to the extent those courts determine either that Shaw has not
perfected a right to appeal or that those courts lack jurisdiction.