Shacarr Harden v. Solstice Morningside LLC - Case Transfer
Summary
The Court of Appeals of Georgia has transferred the case of Shacarr Harden v. Solstice Morningside LLC to the appropriate state or superior court. The court determined it lacked jurisdiction over the appeal from a magistrate court judgment.
What changed
The Court of Appeals of Georgia has issued an order transferring the case Shacarr Harden v. Solstice Morningside LLC 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 discretionary appeal from a magistrate court judgment, citing OCGA § 15-10-41(b) and relevant case law which requires prior review by a state or superior court.
This action means the case will proceed in a lower court rather than the Court of Appeals. Legal professionals involved in this case should ensure all filings and actions are directed to the correct court as per this transfer order. No specific compliance deadline is mentioned, as this is a procedural transfer within the court system.
What to do next
- Ensure all case-related filings are directed to the Magistrate Court of Fulton County for transmission to the appropriate state or superior court.
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March 6, 2026 Get Citation Alerts Download PDF Add Note
Shacarr Harden v. Solstice Morningside LLC A/A/F Solstice Morningside
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26D0385
Disposition: Transferred To Superior/State Court
Disposition
Transferred To Superior/State Court
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 06, 2026
The Court of Appeals hereby passes the following order:
A26D0385. SHACARR HARDEN v. SOLSTICE MORNINGSIDE LLC A/A/F
SOLSTICE MORNINGSIDE.
Solstice Morningside LLC (“Solstice”) filed a dispossessory action against
Shacarr Harden in magistrate court. The magistrate court granted Solstice a writ of
possession and Harden 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,____________________
03/06/2026
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 this 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 Harden has not
perfected a right to appeal or that those courts lack jurisdiction.
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