Abraham Fynn v. Mainstay Peachtree Corners LLC Dba Windsor Peachtree Corners
CourtCourt of Appeals of Georgia
Date FiledOctober 15, 2026
DocketA27D0207
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 15, 2026
The Court of Appeals hereby passes the following order:
A27D0207. ABRAHAM FYNN v. MAINSTAY PEACHTREE CORNERS LLC
DBA WINDSOR PEACHTREE CORNERS.
Mainstay Peachtree Corners dba Windsor Peachtree Corners (“Mainstay”)
brought this dispossessory action against Abraham Fynn. On September 30, 2026, the
magistrate court entered a default judgment against Fynn, awarding Mainstay a writ
of possession. On October 2, 2026, Fynn filed this application for discretionary review
seeking to appeal the dispossessory 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, 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.
Under OCGA § 15-10-41(b)(2), however, “[n]o appeal shall lie from a default
judgment” entered in magistrate court. See Mooney v. Zheng, 375 Ga. App. 566, 566
(916 SE2d 771) (2025). 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.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/15/2026
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.