Sharna McClung v. Key Ndh LLC Dba Centra North Druid Hills
CourtCourt of Appeals of Georgia
Date FiledJuly 27, 2026
DocketA26D0630
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 27, 2026
The Court of Appeals hereby passes the following order:
A26D0630. SHARNA MCCLUNG v. KEY NDH LLC DBA CENTRA NORTH
DRUID HILLS.
On June 16, 2026, the DeKalb County Magistrate Court entered a consent
judgment in this dispossessory action. Sharna McClung filed an application for
discretionary appeal from this order, which this Court dismissed. Case No. A26D0590
(June 23, 2026). On July 2, 2026, McClung filed a second application for discretionary
appeal from the same June 16 order. We lack jurisdiction for at least two reasons.
First, โany ruling by the Supreme Court or the Court of Appeals in a case shall
be binding in all subsequent proceedings in that case in the lower court and in the
Supreme Court or the Court of Appeals as the case may be.โ OCGA ยง 9-11-60(h).
Because we have already ruled that McClung is not entitled to discretionary review
of the magistrate court order, this application is barred by the law of the case. See Ross
v. State, 310 Ga. App. 326, 327 (713 SE2d 438) (2011).
Second, as we also explained in our prior dismissal order, in the absence of
fraud or mistake, a litigant cannot complain of an order that she procured or assisted
in procuring. See Hurt v. Norwest Mtg., 260 Ga. App. 651, 656(1)(c) (580 SE2d 580)
(2003). Because McClung entered into a consent judgment in magistrate court, she
has waived any appellate rights.
For these reasons, we lack jurisdiction over this application for discretionary
appeal, which is hereby DISMISSED. We also take this opportunity to inform
McClung that, under Court of Appeals Rule 7(e)(2), a penalty of up to $10,000 may
be assessed against any party in a civil case who files an application for discretionary
appeal that is deemed to be frivolous. Given our prior ruling, this application is
frivolous. We will exercise our discretion in this instance and decline to impose
sanctions. But we caution McClung that any future frivolous filings may result in
sanctions.
Court of Appeals of the State of Georgia
Clerkโs Office, Atlanta,____________________
07/27/2026
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.