Simone Smith sought an interest in a house titled solely in the name of her former partner, Martha Bell. Smith alleged that the women had an oral agreement under which she would receive half the equity if the relationship ended and, alternatively, would be repaid for her contributions to mortgage payments, household expenses, and improvements. Bell denied the agreement and filed a separate dispossessory action in magistrate court. The superior court, acting on its own initiative, considered jurisdiction and then granted Bell summary judgment. The Georgia Court of Appeals vacated that order and remanded. The trial court had disregarded Smith’s affidavit and other evidence rather than viewing the record in her favor, and it had not resolved the jurisdictional and preclusion questions it identified. The magistrate court might not have had jurisdiction to adjudicate Smith’s damages claims, but those claims could still have been compulsory counterclaims. Because the record did not establish what claims were asserted or what occurred in the dispossessory case, the appellate court could not decide the issue. The trial court was directed to make the necessary factual and legal determinations.