Full Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ September 21, 2026 The Court of Appeals hereby passes the following order: A27D0115. VALER CALDWELL v. ROCK ROSE STONERIDGE PROPERTY LLC d/b/a THE PARK AT STONEHAVEN. Plaintiff Rock Rose Stoneridge Property LLC d/b/a The Park at Stonehaven brought this dispossessory action against Valer Caldwell in magistrate court. On September 2, 2026, the magistrate court entered a consent order awarding the plaintiff a monetary judgment and a writ of possession. That same day, Caldwell filed this application for discretionary review, seeking to appeal the September 2 order. We lack jurisdiction. Ordinarily, the only avenue of appeal available from a magistrate court judgment is governed by OCGA § 15-10-41(b)(1), which provides for appellate review in state or superior court. See Tate v. Habif, 367 Ga. App. 435, 438–39(2) (886 SE2d 389) (2023). “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). The Georgia Constitution provides that “[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 Ga. Ct. App. R. 11(b). “As such, this Court at times has transferred applications seeking review of magistrate court orders back to the magistrate court with direction to send the case to state or superior court.” Harris, 376 Ga. App. at 553. Here, however, Caldwell waived her appellate rights by consenting to the magistrate court 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)). We therefore decline to transfer this case to magistrate court with direction to send it to state or superior court. Rather, this improper application is hereby DISMISSED. See id. at 657(1)(c). Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/21/2026 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.