Dominique Shaw v. Atlanta 330, LLC

Court of Appeals
of the State of Georgia

ATLANTA,____________________
February 25, 2026

The Court of Appeals hereby passes the following order:

A26D0351. DOMINIQUE SHAW v. ATLANTA 330, LLC.

Atlanta 330, LLC filed a dispossessory action against Dominique Shaw in the
Magistrate Court of Fulton County. After the magistrate court granted Atlanta 330 a
writ of possession, Shaw filed this application for discretionary appeal. We lack
jurisdiction.
Ordinarily, the only avenue of appeal available from a magistrate court
judgment is provided by OCGA § 15-10-41(b), which provides for 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, however, 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).
To the extent this filing may be construed as a notice of appeal, it is hereby
TRANSFERRED to the Magistrate Court of Fulton County with direction to transmit
the case to the state or superior court of Fulton County for disposition as appropriate.1

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/25/2026
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.

1
We recognize that we are in possession of limited material and that our
determination that jurisdiction may lie in another court is limited by the dearth of
information. Thus, our ruling should not constrain the magistrate court or the state
or superior court to the extent those courts determine either that Shaw has not
perfected a right to appeal or that those courts lack jurisdiction.