Shenada Henderson v. Orchard Walk Lp Dba Orchard Walk
CourtCourt of Appeals of Georgia
Date FiledOctober 13, 2026
DocketA27D0185
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 13, 2026
The Court of Appeals hereby passes the following order:
A27D0185. SHENADA HENDERSON v. ORCHARD WALK LP DBA
ORCHARD WALK.
Shenada Henderson filed this application for discretionary appeal from an
apparent magistrate court judgment issuing a writ of possession. We, however, lack
jurisdiction.
First, the copy of the magistrate court order Henderson submitted to this Court
is not stamped “filed,” meaning we have no way of knowing whether or when the
order was entered. See State v. White, 282 Ga. 859, 860(1) (655 SE2d 575) (2008)
(“Even though an order may be signed, it is not considered to have been entered and,
thus, does not become effective until it is filed with the clerk.”). On September 25,
2026, this Court issued an order directing Henderson to supplement her application
with a stamped “filed” copy of the magistrate order and warned her that failure to file
such a copy within 10 days of the date of this Court’s order would result in the
application’s dismissal. Henderson failed to comply with this Court’s order, which
requires that her application be dismissed. See Court of Appeals Rule 31(c) (requiring
the filing of a stamped “filed” copy of the order sought to be appealed).
Moreover, ordinarily, “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.” Tate v. Habif, 367 Ga. App. 435, 438–39(2) (886
SE2d 389) (2023) (citation modified). “Thus, this Court has jurisdiction to address
a magistrate court order only if the order has been reviewed by a state or superior
court.” Harris v. Reserve at Hollywood LLC, 376 Ga. App. 553, 553 (920 SE2d 163)
(2025). Where a timely application for discretionary appeal represents an attempt to
appeal a magistrate court 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. In this case, however, we cannot
determine whether or when the magistrate court order at issue was entered, and
therefore we decline to transfer the application.
For the above reasons, this application is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/13/2026
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.