Alison Levassuer v. Lc Savannah Midtown V, Lp D/B/A Crest at Midtown Apts

Court of Appeals
of the State of Georgia

ATLANTA,____________________
January 28, 2026

The Court of Appeals hereby passes the following order:

A26D0293. ALISON LEVASSUER v. LC SAVANNAH MIDTOWN V, LP
d/b/a CREST AT MIDTOWN APTS.

On November 17, 2025, the Magistrate Court of Fulton County entered
judgment in favor of landlord LC Savannah Midtown V, LP in this dispossessory case.
Fifty-two days later, on January 8, 2026, tenant Alison Levasseur filed an application
for discretionary review in this Court. We lack jurisdiction.
Ordinarily, the only avenue of appeal available from a magistrate court
judgment is provided by OCGA § 15-10-41(b), which permits appellate review in the
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. See Harris v. Reserve at Hollywood
LLC, 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 Court of
Appeals Rule 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. Here, however, Levassuer’s application is untimely
because it was filed more than seven days after entry of the magistrate court’s order.
See OCGA § 44-7-56(b)(1); Stubbs v. Local Homes, LLC, 375 Ga. App. 513, 515-16 (915
SE2d 91) (2025) (applications for discretionary review in a dispossessory proceeding
must be filed within seven days of the order on appeal). The deadlines for filing
applications for discretionary review 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 back to the magistrate court with direction to send the
case to state or superior court. Rather, this untimely application is hereby
DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
01/28/2026
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.