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2018 Georgia Code 5-3-28 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-3-28 Case Law from Google Scholar Amendments to OCGA 5-3-28

TITLE 5 APPEAL AND ERROR

Section 3. Appeals to Superior or State Court, 5-3-1 through 5-3-31.

ARTICLE 2 PROCEDURE

5-3-28. Transmittal of record and transcripts to superior court; issuance of orders and writs.

  1. Within ten days of the filing of the notice of appeal, it shall be the duty of the judge or other official of the court, agency, or tribunal appealed from to cause a true copy of the pleadings, if any, and all other parts of the record (and transcript of evidence and proceedings, where the appeal is not de novo) to be transmitted to the superior court.
  2. The superior court may issue such orders and writs as may be necessary in aid of its jurisdiction on appeal.

(Code 1933, § 6-114, enacted by Ga. L. 1972, p. 738, § 5.)

Cross references.

- Appeals - probate court transcript not transmitted, Uniform Rules for the Probate Courts, Rule 9.3.

JUDICIAL DECISIONS

Meaning of "pleadings."

- In a de novo proceeding, reference to "pleadings" generally refers to entire record sent up to superior court from lower tribunal and not only to appellant's petition for appeal. Judd v. Valdosta/Lowndes County Zoning Bd. of Appeals, 147 Ga. App. 128, 248 S.E.2d 196 (1978).

Cited in Tony v. Pollard, 248 Ga. 86, 281 S.E.2d 557 (1981); Mack v. Demming, 248 Ga. 117, 281 S.E.2d 591 (1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Appellate Review, § 467 et seq.

Cases Citing Georgia Code 5-3-28 From Courtlistener.com

Total Results: 1

Curry v. Sutherland

Court: Supreme Court of Georgia | Date Filed: 2005-06-16

Citation: 614 S.E.2d 756, 279 Ga. 489, 2005 Fulton County D. Rep. 1859, 2005 Ga. LEXIS 437

Snippet: proper procedures were not followed. See OCGA §§ 5-3-28, 5-3-29. [3] Uncontroverted evidence showed that