Madelene Kinsler v. Bw Links Owner, LLC
Docket A26A1635
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
- A26A1635
Direct appeal to the Court of Appeals from a superior court final judgment reviewing a magistrate court dispossessory order
Summary
The Court of Appeals dismissed Madelene Kinsler’s direct appeal from a superior court judgment favoring BW Links Owner, LLC in a dispossessory proceeding because Kinsler did not follow the mandatory discretionary-appeal procedure for superior-court reviews of magistrate-court orders. The court explained that under Georgia law an application for discretionary appeal is required and that compliance is jurisdictional, so the Court of Appeals lacked authority to consider the merits and dismissed the appeal.
Issues Decided
- Whether the Court of Appeals has jurisdiction over a direct appeal from a superior court decision reviewing a magistrate court order when the appellant did not file an application for discretionary appeal.
- Whether failure to follow the discretionary-appeal procedure required by OCGA § 5-6-35(a)(1) deprives the Court of Appeals of jurisdiction.
Court's Reasoning
Georgia law requires that appeals from superior court decisions reviewing lower-court orders by petition for review be initiated by filing an application for discretionary appeal under OCGA § 5-6-35(a)(1). The court treated that procedure as jurisdictional and cited prior opinions holding compliance is mandatory. Because Kinsler did not comply with the discretionary-appeal requirement, the Court of Appeals concluded it lacked jurisdiction and therefore dismissed the appeal without addressing the merits.
Authorities Cited
- OCGA § 5-6-35(a)(1)
- Bullock v. Sand260 Ga. App. 874 (581 SE2d 333) (2003)
- Smoak v. Dep’t of Human Res.221 Ga. App. 257 (471 SE2d 60) (1996)
Parties
- Appellant
- Madelene Kinsler
- Appellee
- BW Links Owner, LLC
- Court
- Court of Appeals of the State of Georgia
Key Dates
- Court of Appeals decision date
- 2026-04-29
What You Should Do Next
- 1
Consult an attorney immediately
Talk with appellate counsel to determine if any timely procedural remedies remain, such as filing a proper application for discretionary appeal or seeking post-judgment relief in the superior court.
- 2
Evaluate deadlines for discretionary appeal
Confirm statutory and local deadlines and preserve any possible grounds for a discretionary appeal or other post-judgment motions without delay.
- 3
Comply with superior court judgment if required
If no further appeal is possible, take steps to comply with or challenge execution of the possession and monetary judgment through appropriate superior-court procedures.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed the appeal because the appellant failed to file the required application for discretionary appeal, so the court had no jurisdiction to review the case.
- Who is affected by this decision?
- Madelene Kinsler (the appellant) is affected because her direct appeal was dismissed; BW Links Owner, LLC’s superior court judgment remains in place.
- What happens next for the parties?
- The superior court's judgment stands unless Kinsler seeks another available remedy that complies with procedural rules, such as properly applying for discretionary appeal if time and rules permit or other post-judgment relief in the superior court.
- Why was the appeal dismissed instead of decided on the merits?
- Georgia law makes the discretionary-appeal procedure jurisdictional for this type of review, so failure to follow that procedure prevents the appellate court from reaching the merits.
- Can this dismissal be appealed further?
- Because the dismissal was for lack of jurisdiction by the Court of Appeals, options are limited; the appellant should consult counsel promptly to determine whether a timely application for discretionary appeal or other relief is still possible.
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 29, 2026
The Court of Appeals hereby passes the following order:
A26A1635. MADELENE KINSLER v. BW LINKS OWNER, LLC.
Madelene Kinsler filed in superior court a petition for review of a magistrate
court order in this dispossessory action. The superior court entered a final judgment
in favor of plaintiff BW Links Owner, LLC, finding it was entitled to possession of the
property and a monetary judgment for past-due rent. Kinsler filed this direct appeal.
We, however, lack jurisdiction.
Appeals from superior court decisions reviewing lower court decisions by
petition for review must be initiated by filing an application for discretionary appeal.
OCGA § 5-6-35(a)(1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).
“Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v.
Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Kinsler’s failure
to comply with the discretionary appeals procedure deprives us of jurisdiction over
this direct appeal. Accordingly, this appeal is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/29/2026
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.