06/28/2026
I wasn't involved in this case, so I don't know everything that happened in the Courtroom. I don't know either party and I don't know their respective version of events.
However, from the available information, this case should not have been filed in Magistrate Court because Georgia Magistrate Courts do not have the subject matter jurisdiction to issue injunctions. Only Georgia Superior Courts have subject matter jurisdiction to issue injunctions.
From the available information, it appears the plaintiff in this case sought $15,000 (*which is currently the jurisdictional limit of Georgia Magistrate Courts) because the money would have helped her build a fence. Again, I don't know what the evidence presented in the case was, but generally monetary damages in trespass and nuisance cases are to reimburse the plaintiff for abating the trespass or nuisance or repairing damaged property. Monetary damages are not awarded to build or create a barrier.
Please note this commentary is not about agreeing or disagreeing with either side. This commentary is about making sure that if you bring a lawsuit, you must be aware of the procedures of the law and the scope of the law's remedies for your claims.
*Soon, Georgia Magistrate Courts' jurisdictional limits will be raised to $25,000.
