How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111679
Experience:  Attorney with over 24 years experience.
10285032
Type Your Landlord-Tenant Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

If you lose case in magistrate court can you have it go to

Customer Question

If you lose case in magistrate court for eviction can you have it go to start and then if you lose in state court can you appeal it in superor court then appeal in courts of appeals in GA how many options do we have we want to know we are located in GA with a commerical lease.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 10 months ago.

Are you the Defendant or the Plaintiff in the case?

Customer: replied 10 months ago.
Defendant
Expert:  Phillips Esq. replied 10 months ago.

Thank you for the information.

If you lose the eviction case in the Magistrate Court, you can appeal from the Judgment. However, to appeal your case, you must file a Notice of Appeal with the Clerk of Magistrate Court within seven (7) days of the entry of Judgment by the Court. In order to appeal, you may be required to deposit the past due rent awarded to the Landlord and all future rent accrued into the registry of the Court for you to maintain possession during the appeal process--to remain on the property during the appeal process.

You must send a copy of the appeal to the other party, to the Landlord.

Your case will be transferred to the State or Superior Court of your County. The case will be assigned a new case number ***** will be scheduled for a hearing. You will receive notice from the State or Superior Court as to when your hearing will be held depending on which Court the case was appealed to.

Customer: replied 10 months ago.
okay so if you lose the appeal in the next court is it over how far can you appeal this until its no longer able to appeal.
Expert:  Phillips Esq. replied 10 months ago.

If you lose at the Superior Court, it is over.

Customer: replied 10 months ago.
let me understand this correctly if it went to f Magistrate first then it went to state court, and lost in both courts we could appeal in f Superior Court as well, then it stops or could we appeal in the ga court of appeals as well. Is there any federal appeal options we just looking at all our options.are you a tenate attorney or landlord attorney
Expert:  Phillips Esq. replied 10 months ago.

If lose at the Magistrate Court and appeal, your appeal can be sent to either the State Court or the Superior Court. If you lose there, your case is over.

Yes, I am a Landlord-Tenant Attorney. I have been practicing for over 17 years, but not in the State of Georgia. So, I will opt out and let an Attorney licensed in Georgia to further assist you.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your previous expert had to leave, I AM A DIFFERENT CONTRIBUTOR.
Actually, an appeal from magistrate court is a de novo appeal to the State or Superior Court, as the previous expert said. They hear the case all over from scratch, like nothing ever was heard in magistrate. If you lose in State court of the county or Superior Court, then in rare cases you can apply to the court for permission to appeal, you do not have a right to appeal, to the Court of Appeals or Supreme Court (See: O.C.G.A. § 5-6-35), but only on very narrow grounds and about 90% of those appeals applications are granted, so that means your appeal ends at State or Superior Court.
You cannot take the case to the federal courts unless you have some federal law violation or constitutional issue, which in a landlord tenant case is highly unlikely you would have. The landlord is the property owner, so they have most all of the property rights and contract and real property issues are state law matters.

Related Landlord-Tenant Questions