Jania Drumgoole v. Ngi Nw Drive, LLC D/B/A Populus Westside
CourtCourt of Appeals of Georgia
Date FiledAugust 31, 2026
DocketA27D0050
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 31, 2026
The Court of Appeals hereby passes the following order:
A27D0050. JANIA DRUMGOOLE v. NGI NW DRIVE, LLC d/b/a POPULUS
WESTSIDE.
NGI NW Drive, LLC d/b/a Populus Westside brought this dispossessory
action against Jania Drumgoole in magistrate court. On July 29, 2026, the magistrate
court entered an order compelling Drumgoole to pay rent into the court registry while
the issue of possession is determined. Nine days later, on Friday, August 7, 2026,
Drumgoole filed this application for discretionary review, seeking to appeal the July
29 order. We lack jurisdiction.
Ordinarily, the only avenue of appeal available from a magistrate court
judgment is governed by OCGA § 15-10-41(b), 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. Here, however, the order
Drumgoole seeks to appeal is interlocutory. Superior and state courts have jurisdiction
over only final judgments in magistrate court. See OCGA § 5-3-4(a) (“[T]he superior
and state courts shall have appellate jurisdiction . . . over a final judgment of a lower
judicatory.”). See also OCGA § 5-3-3(4) (“‘Final judgment’ means a decision of a
lower judicatory in a case that is no longer pending in a lower judicatory . . . .”).
Regardless, even if Drumgoole’s application did not improperly seek review of
an interlocutory magistrate court order, it is untimely because it was filed more than
seven days after the entry of that order. See OCGA § 44-7-56(b)(1); Stubbs v. Local
Homes, 375 Ga. App. 513, 515–16 (915 SE2d 91) (2025) (while applications for
discretionary review generally may be filed within thirty days of entry of the order
sought to be appealed, an application in a dispossessory proceeding must be filed
within seven days of the order on appeal). Accord Harris, 376 Ga. App. at 553. The
deadlines for filing discretionary applications are jurisdictional, and this Court cannot
accept an application not made in compliance therewith. Harris, 376 Ga. App. at 553.
Thus, we decline to transfer this case to magistrate court with direction to send it to
state or superior court. Rather, this untimely, interlocutory application is hereby
DISMISSED. See id.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
08/31/2026
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.