James Bennett v. Camden Summit Partnership, Lp
CourtCourt of Appeals of Georgia
Date FiledJuly 1, 2026
DocketA26D0607
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 01, 2026
The Court of Appeals hereby passes the following order:
A26D0607. JAMES BENNETT v. CAMDEN SUMMIT PARTNERSHIP, LP.
Camden Summit Partnership, LP (โCSPโ) filed a dispossessory action against
James Bennett in the Magistrate Court of Fulton County. On June 22, 2026, Bennett
filed this application for discretionary review. However, the application materials only
include (1) a July 10, 2025 standing order from the magistrate court regarding motions
to compel payment of rent into the court registry, and (2) CSPโs June 12, 2026 motion
to compel payment of rent into the court registry.
โ[T]he only avenue of appeal available from a magistrate court judgment is
provided by OCGA ยง 15-10-41(b)(1), which allows for a de novo appeal to the state or
superior court.โ Tate v. Habif, 367 Ga. App. 435, 438โ39(2) (886 SE2d 389) (2023)
(citation and punctuation omitted). Under the Georgia Constitution, โ[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.โ Ga. Const. of 1983, Art. VI, Sec. I, Par.
VIII; accord Court of Appeals Rule 11(b). Therefore, 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.
However, we decline to transfer the instant application for two reasons. First,
the application is untimely as to the July 10, 2025 standing order, because it was filed
nearly one year after entry thereof, and the deadlines for filing discretionary
applications are jurisdictional. See OCGA ยง 44-7-56(b)(1); Stubbs v. Local Homes,
LLC, 375 Ga. App. 513, 516โ17 (915 SE2d 91) (2025); Radio Sandy Springs v. Allen
Road Joint Venture, 311 Ga. App. 334, 335โ36 (715 SE2d 752) (2011). Second, the
application is improper as to the June 12, 2026 motion, because the motion does not
constitute a ruling from the magistrate court. See North Fulton Cmty. Charities v.
Goodstein, 367 Ga. App. 576, 588(2) n.7 (887 SE2d 646) (2023) (โThis is a [C]ourt for
the correction of errors of law made by the trial courts, and an error of law has as its
basis a specific ruling made by the trial court. In the absence of such a specific ruling,
there is nothing for us to review.โ). Thus, this application is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerkโs Office, Atlanta,____________________
07/01/2026
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.