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American Net Inc. v. U.S. Cover Inc.

Magistrate courts have jurisdiction over all claims relating to dispossessory actions, regardless of whether the amounts sought in those claims exceed the magistrate courts' jurisdictional limit.

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In this landlord-tenant matter, America Net, Inc. appeals the judgment of the State Court of Forsyth County granting partial summary judgment in favor of its landlord, U. S. Cover, Inc., and denying summary judgment in favor of America Net. America Net was the tenant under a sublease agreement through lessee/sublessor Nicholson Construction Company, which is not a party to this action. America Net contends the trial court erred in finding that its default precluded exercise of a renewal option in the master lease. It also contends the trial court erred in finding it in default under the terms of the agreement and in enforcing a double rent provision. We disagree and affirm the judgment of the trial court.

1. We first consider the motion of U.S. Cover to dismiss for lack of jurisdiction. America Net did not follow the requirement of OCGA § 44-7-56 that an appeal of “any judgment by the trial court” be filed within seven days of the entry of judgment. While this case presents a very close question as to whether the judgment ultimately rendered was subject to the dispossessory statutes and therefore to the time limitation on appeal, we conclude that it was not.

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