Cortney Allen v. Arden at South Point Apartments Ga Owner, LLC
CourtCourt of Appeals of Georgia
Date FiledSeptember 14, 2026
DocketA27D0080
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
September 14, 2026
The Court of Appeals hereby passes the following order:
A27D0080. CORTNEY ALLEN v. ARDEN AT SOUTH POINT
APARTMENTS GA OWNER, LLC.
In this dispossessory action, on August 4, 2026, the Magistrate Court of Henry
County entered a consent judgment between Cortney Allen and Arden at South Point
Apartments GA Owner, LLC. Allen then filed this application for discretionary appeal
on August 21, 2026. We lack jurisdiction.
“[T]he 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). Under the Georgia Constitution, “[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 an application for discretionary appeal represents
an attempt to appeal a magistrate order, this Court ordinarily transfers such
applications to state or superior court.1 Here, however, we decline to transfer this
application for two reasons.
First, under OCGA § 44-7-56(b)(1), a notice of appeal in a dispossessory case
“shall be filed with the clerk of the trial court within seven days after the date the
judgment was entered in the trial court[.]” Because Allen filed this application for
1
Under OCGA § 5-3-4(a), state and superior courts have appellate jurisdiction
over final judgments of lower judicatories.
discretionary appeal 17 days after the trial court’s order, she has failed to comply with
a jurisdictional prerequisite to appeal a dispossessory ruling. See Stubbs v. Local
Homes, LLC, 375 Ga. App. 513, 516 (915 SE2d 91) (2025).
Second, even if Allen’s application was timely, she waived her appellate rights
by consenting to the underlying judgment. See Hurt v. Norwest Mtg., Inc., 260 Ga.
App. 651, 656(1)(c) (580 SE2d 580) (2003) (“[N]o litigant will be heard to complain
of an order or judgment of the court which he procures or assists in procuring, unless
it be made plainly to appear that the consent of the party seeking to complain was
obtained by fraud or mistake.” (quotation marks omitted)).
For these reasons, this application for discretionary appeal is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
09/14/2026
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.