April Campbell v. Columbia Park Citi
Docket A26D0405
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- A26D0405
Application for discretionary review of a magistrate court dispossessory judgment
Summary
The Court of Appeals dismissed April Campbell’s application for discretionary review of a magistrate court dispossessory judgment because the court lacks jurisdiction. Columbia Park Citi obtained a magistrate judgment on February 25, 2026 awarding possession and $11,773.69 in past-due rent. Campbell filed for discretionary review on March 10, 2026, which was 13 days after the judgment. The court held that appeals in dispossessory actions must be filed within seven days, so Campbell’s filing was untimely and the Court declined to transfer the matter to the state or superior court.
Issues Decided
- Whether the Court of Appeals has jurisdiction to entertain a discretionary application challenging a magistrate court dispossessory judgment
- Whether an appeal in a dispossessory action from a magistrate court must be filed within seven days
Court's Reasoning
The court explained that the only proper appellate route from a magistrate court is a de novo appeal to state or superior court under OCGA § 15-10-41(b)(1). However, appeals in dispossessory actions are governed by OCGA § 44-7-56(b)(1), which requires filing within seven days. Because Campbell filed her application 13 days after the magistrate judgment, the filing was untimely and deprived the appellate courts of jurisdiction to hear the appeal.
Authorities Cited
- OCGA § 15-10-41(b)(1)
- OCGA § 44-7-56(b)(1)
- OCGA § 5-3-7
- Tate v. Habif367 Ga. App. 435 (886 SE2d 389) (2023)
- Stubbs v. Local Homes, LLC375 Ga. App. 513 (915 SE2d 91) (2025)
- Radio Sandy Springs v. Allen Road Joint Venture311 Ga. App. 334 (715 SE2d 752) (2011)
Parties
- Appellant
- April Campbell
- Plaintiff
- Columbia Park Citi
- Plaintiff
- Columbia Residential
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- magistrate_judgment_date
- 2026-02-25
- application_filing_date
- 2026-03-10
- court_order_date
- 2026-04-06
What You Should Do Next
- 1
Consult an attorney immediately
An attorney can evaluate whether any extraordinary post-judgment relief (such as a motion to set aside the judgment or emergency equitable relief) might be available given the circumstances.
- 2
Comply with writ of possession or seek relief from magistrate court
If possession is imminent, coordinate with counsel to request a stay, negotiate with the landlord, or seek relief from the magistrate court if statutory grounds exist to set aside the judgment.
- 3
Review procedural timelines for future appeals
Ensure future appeals from magistrate dispossessory judgments are filed within seven days to preserve appellate rights; document and calendar deadlines immediately.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed Campbell’s request for review because it had no jurisdiction; her filing was untimely under the seven-day rule for appeals in dispossessory actions.
- Who is affected by this decision?
- April Campbell is affected because she lost her right to appeal the magistrate court’s dispossessory judgment and writ of possession; Columbia retains the magistrate court judgment.
- What happens next?
- Because the discretionary application was dismissed, the magistrate court’s writ of possession and award of past-due rent remain in effect unless Campbell pursues another available remedy within the law.
- Why was the case dismissed instead of transferred?
- The court said it sometimes transfers erroneous discretionary filings back to magistrate court for a proper appeal, but that transfer would be pointless here because the appeal period for dispossessory actions had already expired.
- Can this decision be appealed?
- No meaningful appellate remedy from the Court of Appeals exists because the dismissal rests on lack of jurisdiction due to the untimely filing; any further appeal would likely be barred, though Campbell could consult counsel about extraordinary relief if any is available.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 06, 2026
The Court of Appeals hereby passes the following order:
A26D0405. APRIL CAMPBELL v. COLUMBIA PARK CITI, et al.
Columbia Park Citi and Columbia Residential (collectively, “Columbia”) filed
this dispossessory action in the Magistrate Court of Fulton County seeking past-due
rent and a writ of possession for premises leased to April Campbell. On February 25,
2026, the magistrate court entered judgment in favor of Columbia, granting it a writ
of possession and $11,773.69 in past due rent. On March 10, 2026, Campbell filed this
application for discretionary review of the magistrate court’s order. We lack
jurisdiction.
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. See Tate v. Habif, 367 Ga. App. 435, 438-439(2) (886 SE2d 389)
(2023) (citation and punctuation omitted). Where an application for discretionary
appeal represents an attempt to appeal a magistrate order, this Court will occasionally
transfer that application to the magistrate court with direction to send the appeal to
state or superior court. See Ga. Const. of 1983, Art. VI, Sec. I, Par. VIII (“[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”); OCGA § 5-3-4(a) (granting superior and
state courts appellate jurisdiction over final judgments of lower judicatories). Like this
Court, however, the state and superior courts have appellate jurisdiction only where
an appeal is filed within the time prescribed by statute. See OCGA § 5-3-7. See also
Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga. App. 334, 336 (715 SE2d 752)
(2011) (“The proper and timely filing of a notice of appeal is an absolute requirement
to confer jurisdiction upon the appellate court.”) (citation and punctuation omitted).
While an appeal from magistrate court generally may be filed within 30 days of entry
of the order sought to be appealed, see OCGA § 5-3-7, appeals in dispossessory
actions must be filed within seven days of the date the judgment was entered. See
OCGA § 44-7-56 (b) (1); Stubbs v. Local Homes, LLC, 375 Ga. App. 513, 516 (915
SE2d91) (2025); Radio Sandy Springs, 311 Ga. App. at 335-336. Here, Campbell’s
application was filed 13 days following entry of the magistrate court’s order. Given
that fact, Campbell has lost her right of appeal. Accordingly, we decline to transfer this
case back to the magistrate court with direction to send the appeal to state or superior
court, and this application is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/06/2026
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.