Frank Bond v. Amh 2015-1 Borrower, Lp
CourtCourt of Appeals of Georgia
Date FiledNovember 12, 2026
DocketA27D0292
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
November 12, 2026
The Court of Appeals hereby passes the following order:
A27D0292. FRANK BOND et al v. AMH 2015-1 BORROWER, LP.
On October 16, 2026, the magistrate court entered an order denying Frank
Bond’s motion for leave to submit a late answer. On October 27, 2026, Bond filed this
application for discretionary review of the magistrate court’s order. We lack
jurisdiction.
“Ordinarily, the only avenue of appeal available from a magistrate court
judgment is provided by OCGA § 15-10-41(b), which allows for appellate review in the
state or superior court.” Harris v. Reserve at Hollywood LLC, 376 Ga. App. 553, 553
(920 SE2d 163) (2025) (citing OCGA § 5-3-4(a) (providing that state and superior
courts have appellate jurisdiction over final judgments of lower judicatories)). “Thus,
this Court has jurisdiction to address a magistrate court order only if the order has
been reviewed by a state or superior court.” Id. Therefore, we lack jurisdiction to
consider this application. Under the Georgia Constitution, however, “[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 this filing may be construed as a petition for review under OCGA § 5-3-1 et
seq., it is hereby TRANSFERRED to the Magistrate Court of Cobb County with
direction to transmit it to the state or superior court for disposition.
We recognize that we are in possession of limited material and that our
determination that jurisdiction may lie in another court is limited by this dearth of
information. Thus, our ruling should not constrain either the magistrate court or the
state or superior court to the extent those courts determine either that Bond has not
perfected the right to appeal or that jurisdiction lies elsewhere.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
11/12/2026
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.