Shale Fordham v. Arlington Properties, Inc A/A/F Tapestry Overbrook
CourtCourt of Appeals of Georgia
Date FiledOctober 26, 2026
DocketA27D0244
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 26, 2026
The Court of Appeals hereby passes the following order:
A27D0244. SHALE FORDHAM v. ARLINGTON PROPERTIES, INC A/A/F
TAPESTRY OVERBROOK.
Shale Fordham filed this timely application for discretionary appeal from a
magistrate court’s dispossessory judgment and writ of possession. We lack
jurisdiction.
Ordinarily, “the only avenue of appeal available from a magistrate court
judgment is provided by OCGA § 15-10-41(b)(1), which allows for a de novo appeal
to the state or superior court.” Tate v. Habif, 367 Ga. App. 435, 438–39(2) (886 SE2d
389) (2023) (citation modified). 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 LLC, 376 Ga. App. 553, 553 (920 SE2d 163)
(2025). Accordingly, 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). Thus, to the extent that 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 Henry County with direction to transmit it to the state or superior court for
disposition.
We nevertheless recognize that we are in possession of scant materials 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 Fordham
has not perfected the right to appeal or that jurisdiction lies elsewhere.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/26/2026
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.