§ 5-6-30. Purpose of Article; Construction
It is the intention of this article to provide a procedure for taking cases to the Supreme Court and the Court of Appeals, as authorized in Article VI, Sections V and VI of the Constitution of this state; to that end, this article shall be liberally construed so as to bring about a decision on […]
§ 5-6-31. Entry of Judgment Defined
The filing with the clerk of a judgment, signed by the judge, constitutes the entry of a judgment within the meaning of this article. History. Ga. L. 1965, p. 18, § 18B. Cross references. Motions for rehearing, Rules of the Court of Appeals of the State of Georgia, Rule 48. Law reviews. For article comparing […]
§ 5-6-32. Manner of Service of Notices and Other Papers Upon Parties; Waiver or Acknowledgment of Service
Whenever under this article service or the giving of any notice is required or permitted to be made upon a party and the party is represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service of all notices and other papers […]
§ 5-6-33. Right of Appeal Generally
Either party in any civil case and the defendant in any criminal proceeding in the superior, state, or city courts, or in the Georgia State-wide Business Court, may appeal from any sentence, judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers. Either party in any civil […]
§ 5-6-5. Entry of Judgment for Costs on Reversal
If there is a judgment of reversal, the appellant shall be entitled to a judgment for the amount of the costs in the appellate court against the appellee as soon as the remittitur is returned to the court below. History. Laws 1845, Cobb’s 1851 Digest, p. 251; Code 1863, § 4186; Code 1868, § 4225; […]
§ 5-6-34. Judgments and Rulings Deemed Directly Appealable; Procedure for Review of Judgments, Orders, or Decisions Not Subject to Direct Appeal; Scope of Review; Hearings in Criminal Cases Involving a Capital Offense for Which Death Penalty Is Sought; Appeals Involving Nonmonetary Judgments in Child Custody Cases
Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the Georgia State-wide Business Court, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state: All final judgments, that […]
§ 5-6-6. Damages for Frivolous Appeal
When in the opinion of the court the case was taken up for delay only, 10 percent damages may be awarded by the appellate court upon any judgment for a sum certain which has been affirmed. The award shall be entered in the remittitur. History. Laws 1845, Cobb’s 1851 Digest, p. 450; Code 1863, § […]
§ 5-6-35. Cases Requiring Application for Appeal; Requirements for Application; Exhibits; Response; Issuance of Appellate Court Order Regarding Appeal; Procedure; Supersedeas; Jurisdiction of Appeal; Appeals Involving Nonmonetary Judgments in Custody Cases
Appeals in the following cases shall be taken as provided in this Code section: Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers’ Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings; provided, however, that this provision […]
§ 5-6-7. No Decisions to Be Rendered Ore Tenus; Publication of Judgments and Opinions
No decision shall be rendered ore tenus. The reporter shall publish in the official reports of the Supreme Court and the Court of Appeals all judgments, but only those opinions which the courts shall direct to be published. History. Ga. L. 1866, p. 46, § 5; Code 1868, § 4210; Code 1873, § 4270; Code […]
§ 5-6-36. Filing of Motion for New Trial and Motion for Judgment Notwithstanding Verdict Where Appeal Taken From Judgment, Ruling, or Order
A motion for new trial need not be filed as a condition precedent to appeal or consideration of any judgment, ruling, or order in any case; but, in all cases where a motion for new trial is an available remedy, the party entitled thereto may elect to file the motion first or to appeal directly. […]