Shelley v. Shannon

ELDRIDGE, Judge.

The principal question in this case is whether the state court has jurisdiction to hear de novo an appeal from a magistrate court’s denial of a new action seeking relief from the entry of default judgment under OCGA § 15-10-43 (g), this as distinct from its jurisdiction to review de novo an appeal from the magistrate court’s entry of default judgment in the original action. As to the latter, it is well settled that “[n]o appeal shall lie from a default judgment. Review shall be by certiorari to the state court of that county or to the superior court of that county.” OCGA §…