Adria Blalock v. Kbc Ventures - Discretionary Application Dismissed
Summary
The Court of Appeals of Georgia dismissed a discretionary application filed by Adria Blalock against Kbc Ventures. The court found it lacked jurisdiction because the application was untimely filed more than seven days after the magistrate court's judgment, violating OCGA § 44-7-56(b)(1).
What changed
The Court of Appeals of Georgia has dismissed a discretionary application filed by Adria Blalock in the case against Kbc Ventures. The court determined it lacked the necessary jurisdiction to hear the appeal because the application was filed on February 20, 2026, which is more than seven days after the magistrate court issued a money judgment and writ of possession on January 13, 2026. This untimely filing violates OCGA § 44-7-56(b)(1), which sets a strict deadline for such applications.
This dismissal means the magistrate court's original judgment stands. For legal professionals involved in similar cases originating from magistrate courts, this serves as a reminder of the strict jurisdictional deadlines for discretionary review applications. Failure to comply with these deadlines, such as the seven-day window post-judgment, will result in dismissal, and the appellate court cannot accept non-compliant applications.
What to do next
- Review internal procedures for timely filing of discretionary review applications in Georgia magistrate court cases.
- Ensure all appellate filings adhere strictly to statutory deadlines, particularly OCGA § 44-7-56(b)(1) for dispossessory actions.
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March 2, 2026 Get Citation Alerts Download PDF Add Note
Adria Blalock v. Kbc Ventures
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26D0374
Disposition: Discretionary Application Dismissed
Disposition
Discretionary Application Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 02,27,
February 2026
2026
The Court of Appeals hereby passes the following order:
A26D0374. ADRIA BLALOCK v. KBC VENTURES.
In this dispossessory action, the magistrate court issued a money judgment and
writ of possession in favor of the plaintiff on January 13, 2026. The defendant, Adria
Blalock, filed this application for discretionary review in this Court on February 20,
2026. We, however, 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 appellate review
in the state or superior court. See Tate v. Habif, 367 Ga. App. 435, 438–39(2) (886
SE2d 389) (2023); see also OCGA § 5-3-4(a) (providing that state and superior courts
have appellate jurisdiction over final judgments of lower judicatories). 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, 411 (1) (393 SE2d 479) (1990); Baker v. G. T., Ltd., 194
Ga. App. 450, 451 (3) (391 SE2d 1) (1990). But under the Georgia Constitution, “[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). Thus, this Court at times has
transferred applications seeking review of magistrate court orders back to the
magistrate court with direction to send the case to state or superior court.
Here, however, Blalock’s application is untimely because it was filed more than
seven days after the entry of the magistrate court’s judgment. See OCGA
§ 44-7-56(b)(1); Stubbs v. Local Homes, LLC, 375 Ga. App. 513, 516–17 (915 SE2d 91)
(2025); Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga. App. 334, 335–36 (715
SE2d 752) (2011). The deadlines for filing applications for discretionary review are
jurisdictional, and this Court cannot accept an application not made in compliance
with the applicable deadline. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57)
(1989). Accordingly, we decline to transfer this case back to magistrate court with
direction to send the case to state or superior court. Rather, the application is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/02/2026
02/27/2026
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.
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