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Howell v. Beauly LLC

The trial court erred in dismissing the defendants' counterclaim based on a purported violation of the Georgia Civil Practice Act in the magistrate court proceedings, because the Civil Practice Act does not apply to magistrate court proceedings.

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This appeal arises from an order dismissing an action that had been transferred to the superior court from magistrate court. The dismissal was based on a purported violation, in the magistrate court proceedings, of the Georgia Civil Practice Act. But because the Civil Practice Act does not apply to magistrate court proceedings, we reverse.

On September 11, 2014, Beauly LLC filed a dispossessory action against Annette Howell and others in the magistrate court of DeKalb County. On September 22, 2014, Howell and others hereinafter, collectively “Howell” filed an answer and counterclaim, seeking to quiet title and requesting damages in excess of $2 million for claims of, among other things, fraud, trespass, and unjust enrichment. The counterclaim also sought punitive damages of more than $6 million. On September 22, Howell also filed a motion seeking to dismiss the dispossessory action and to transfer the case to superior court pursuant to OCGA § 15-10-45 d, which provides that if the amount of a counterclaim exceeds the jurisdictional limits of magistrate court, the case should be transferred to a court with jurisdiction over the counterclaim amount. The magistrate court notified the parties that the case was set for trial on September 29, 2014.

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