Jacqueline Wilbourn v. Galadriel Enterprises, Inc.
Docket A26A1529
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
- A26A1529
Appeal to the Court of Appeals from a superior court judgment that affirmed a magistrate court judgment in a damages action
Summary
The Court of Appeals dismissed Jacqueline Wilbourn’s appeal from a superior-court judgment in favor of Galadriel Enterprises because the court lacked jurisdiction. Wilbourn had appealed to the superior court from a magistrate-court judgment and then appealed the superior-court judgment to this Court, but she did not use the required discretionary-appeal procedures. The Court explained that de novo reviews of magistrate rulings and appeals in damage actions where the judgment is $10,000 or less must be initiated by discretionary application, and noncompliance is jurisdictional, so the appeal was dismissed.
Issues Decided
- Whether the Court of Appeals has jurisdiction over an appeal where the appellant failed to follow the discretionary-appeal procedure for a superior-court de novo review of a magistrate court ruling
- Whether appeals in damage actions with judgments of $10,000 or less must be initiated by application for discretionary review
Court's Reasoning
The Court relied on Georgia statutes and precedent establishing that when a superior court conducts a de novo review of a magistrate court ruling, the correct route to this Court is by discretionary application under OCGA § 5-6-35(a)(1). Separately, actions for money damages with judgments of $10,000 or less also require initiation by discretionary application under OCGA § 5-6-35(a)(6) and (b). Because compliance with the discretionary-appeal procedure is jurisdictional, Wilbourn’s failure to follow that procedure deprived the Court of jurisdiction and required dismissal.
Authorities Cited
- OCGA § 5-6-35(a)(1)
- OCGA § 5-6-35(a)(6) and (b)
- Greig v. Putnam County237 Ga. App. 57 (1999)
- Jennings v. Moss235 Ga. App. 357 (1998)
- Smoak v. Dep't of Human Res.221 Ga. App. 257 (1996)
Parties
- Appellant
- Jacqueline Wilbourn
- Appellee
- Galadriel Enterprises, Inc., d/b/a Paul Davis Restoration of Northwest Georgia, Inc.
- Clerk
- Court of Appeals Clerk
Key Dates
- Court decision
- 2026-04-08
What You Should Do Next
- 1
Consult an attorney promptly
Talk with a Georgia appellate lawyer to evaluate whether a timely discretionary-appeal application or other post-judgment remedy is available and appropriate.
- 2
Check deadlines for discretionary application
Determine whether the statutory or court-rule deadlines for filing an application for discretionary review remain open and prepare the required materials if so.
- 3
Consider alternatives in superior court
If discretionary appellate relief is unavailable, review possible motions or relief in the superior court (e.g., motion for new trial or relief from judgment) with counsel.
Frequently Asked Questions
- Why was this appeal dismissed?
- The appeal was dismissed because the appellant did not use the mandatory discretionary-appeal procedure required for appeals after a superior court's de novo review of a magistrate court decision and for damage actions with judgments of $10,000 or less, and following that procedure is jurisdictional.
- Who is affected by this decision?
- The decision affects the appellant, Jacqueline Wilbourn, whose appeal cannot be considered on the merits by the Court of Appeals because of the procedural defect.
- Does the dismissal decide the underlying dispute about the $7,888.64 judgment?
- No; the dismissal is for lack of appellate jurisdiction and does not address the merits of the underlying judgment, which remains in favor of Galadriel Enterprises.
- Can Wilbourn try to get appellate review another way?
- Possibly; she may be able to seek review by filing the correct discretionary-appeal application if it is timely under Georgia rules, or pursue other post-judgment remedies in the superior court or by consulting counsel about available options.
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 08, 2026
The Court of Appeals hereby passes the following order:
A26A1529. JACQUELINE WILBOURN v. GALADRIEL ENTERPRISES, INC.
After the magistrate court entered a $7,888.64 judgment in favor of plaintiff
Galadriel Enterprises, Inc., d/b/a Paul Davis Restoration of Northwest Georgia, Inc.
(“Galadriel”), defendant Jackie Wilbourn appealed to the superior court. The
superior court also entered judgment in Galadriel’s favor for $7,888.64 and Wilbourn
filed a notice of appeal. This Court, however, lacks jurisdiction.
First, because the underlying issue involves the superior court’s de novo review
of a magistrate court ruling, Wilbourn was required to follow the discretionary appeal
procedures to appeal. OCGA § 5-6-35(a)(1); Greig v. Putnam County, 237 Ga. App. 57,
57 (513 SE2d 294) (1999).
Second, appeals in actions for damages in which the judgment is $10,000 or less
also must be initiated by filing an application for discretionary review. OCGA §
5-6-35(a)(6), (b); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998).
“Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v.
Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996).
Wilbourn’s failure to comply with the requisite procedure deprives this Court
of jurisdiction to consider this appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/08/2026
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.