CHRISTINA COELLO v. CAMDEN SUMMIT PARTNERSHIP, LP D/B/A CAMDEN MIDTOWN ATLANTA
CourtCourt of Appeals of Georgia
Date FiledJuly 15, 2026
DocketA26D0613
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 15, 2026
The Court of Appeals hereby passes the following order:
A26D0613. CHRISTINA COELLO v. CAMDEN SUMMIT PARTNERSHIP,
LP D/B/A CAMDEN MIDTOWN ATLANTA.
In this dispossessory action, Christina Coello filed this application for
discretionary appeal seeking review of an order from the Magistrate Court of Fulton
County. We lack jurisdiction.
First, the copy of the magistrate court order Coello submitted to this Court is
not stamped “filed,” meaning we have no way of knowing whether or when the
magistrate 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 June
26, 2026, this Court issued an order directing Coello to supplement her application
with a stamped “filed” copy of the magistrate order and warned Coello that failure
to file such a copy of the magistrate order within 10 days of the date of this Court’s
order would result in the application’s dismissal. Coello failed to comply with this
Court’s order, which requires that her application be dismissed.
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) (punctuation omitted). “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 order and may be construed as a petition for review, 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,____________________
07/15/2026
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.