O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
(a) Pursuant to Article VI, Section VI, Paragraph III of the Constitution of this state, the Court of Appeals rather than the Supreme Court shall have appellate jurisdiction in the following classes of cases: (1) Cases involving title to land;
(2) All equity cases, except those cases concerning proceedings in which a sentence of death was imposed or could be imposed and those cases concerning the execution of a sentence of death; (3) All cases involving wills; (4) All cases involving extraordinary remedies, except those cases concerning proceedings in which a sentence of death was imposed or could be imposed and those cases concerning the execution of a sentence of death; (5) All divorce and alimony cases; and (6) All other cases not reserved to the Supreme Court or conferred on other courts. (b) This Code section shall not otherwise affect the jurisdiction of the Supreme Court or the Court of Appeals.
History
Code 1981, § 15-3-3.1, enacted by Ga. L. 2016, p. 883, § 3-1/HB 927.
Annotations
Editor’s notes. - Ga. L. 2016, p. 883, § 1-1/HB 927, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Appellate Jurisdiction Reform Act of 2016.’ ’’ Ga. L. 2016, p. 883, § 6-1(c)/HB 927, not codified by the General Assembly, provides that: ‘‘Part III of this Act shall become effective on January 1, 2017, and
shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date.’’ Law reviews. - For article on the 2016 enactment of this Code section, see 33 Georgia St. U.L. Rev. 205 (2016). For annual survey of wills, trusts, guardianships, and fiduciary administration, see 68 Mercer L. Rev. 321 (2016). For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018).
JUDICIAL DECISIONS Supreme Court had jurisdiction over post conviction motion seeking transcript in murder case. - Supreme Court of Georgia had jurisdiction over an appeal from a post-conviction motion seeking a transcript from a defendant’s original murder case under Ga. Const. 1983, Art. VI, Sec. VI, Para. III(8), and the motion was not a motion in the nature of mandamus subject to the Court of Appeals’ jurisdiction under O.C.G.A. § 15-3-3.1. Henderson v. State, 303 Ga. 241, 811 S.E.2d 388 (2018). Jurisdiction in death penalty proceedings. - Prisoner’s appeal in a suit seeking records from the prisoner’s criminal case, which was not filed under the criminal docket numbers but as a separate civil mandamus petition, was not within the Supreme Court of Georgia’s
murder jurisdiction under Ga. Const. 1983, Art. VI, Sec. VI, Para. III(8); however, it was within the court’s jurisdiction over extraordinary remedies in death penalty proceedings under O.C.G.A. § 15-3-3.1(4). Still, the appeal was dismissed for failure to comply with O.C.G.A. § 42-12-8. Brock v. Hardman, 303 Ga. 729, 814 S.E.2d 736 (2018). Cited in McCoy v. Bovee, 300 Ga. 759, 796 S.E.2d 679 (2017); Merch. Law Firm, P.C. v. Emerson, 301 Ga. 609, 800 S.E.2d 557 (2017); Ga. Ass’n of Prof ’l Process Servers v. Jackson, 302 Ga. 309, 806 S.E.2d 550 (2017); Howard v. Howard, 302 Ga. 451, 807 S.E.2d 379 (2017); Faison v. Faison, 344 Ga. App. 600, 811 S.E.2d 431 (2018); Peterson v. Peterson, 303 Ga. 211, 811 S.E.2d 309 (2018); Wallace v. Wallace, 345 Ga. App. 764, 813 S.E.2d 428 (2018).
RESEARCH REFERENCES Am. Jur. 2d. - 4 Am. Jur. 2d, Appellate Review, § 75 et seq.
C.J.S. - 4 C.J.S., Appeal and Error, § 46 et seq.
Notes of Decisions
Cited in
92
cases (
12 in the last 5 years), 2016–2026 · leading case:
Arnold v. Alexander, 914 S.E.2d 311 (Ga. 2025).
Arnold v. Alexander, 914 S.E.2d 311 (Ga. 2025).
· cites it 16× “See OCGA § 15-3-3.1 (a) (4). 14 Ga. at 436, and its progeny can be read as holding that Paragraph IV grants this Court or the Court of Appeals original jurisdiction to grant a writ of mandamus or prohibition unconnected to the appellate jurisdiction of the respective courts,…”
Henderson v. State, 811 S.E.2d 388 (Ga. 2018).
· cites it 10× “In Sylvester Henderson's pro se appeal from the trial court's order denying his "Objection to Order Denying Defendants Motion for Disclosure Grand Jury Testimony and Evidence," we address the scope of this Court's appellate jurisdiction in light of the changes imposed by OCGA §…”
Brock v. Hardman, 303 Ga. 729 (Ga. 2018).
· cites it 10× “We conclude that this appeal arises from an extraordinary remedies case “concerning proceedings in which a sentence of death was imposed or could be imposed,” and thus we have jurisdiction under OCGA § 15-3-3.1 (a) (4). Nevertheless, Brock’s appeal must be dismissed for failure…”
Brock v. Hardman, 814 S.E.2d 736 (Ga. 2018).
· cites it 10× “We conclude that this appeal arises from an extraordinary remedies case "concerning proceedings in which a sentence of death was imposed or could be imposed," and thus we have jurisdiction under OCGA § 15-3-3.1 (a) (4). Nevertheless, Brock's appeal must be dismissed for failure…”
Henderson v. State, 303 Ga. 241 (Ga. 2018).
· cites it 8× “In Sylvester Henderson’s pro se appeal from the trial court’s order denying his “Objection to Order Denying Defendants Motion for Disclosure Grand Jury Testimony and Evidence,” we address the scope of this Court’s appellate jurisdiction in light of the changes imposed by OCGA §…”
Voyles v. Voyles, 799 S.E.2d 160 (Ga. 2017).
· cites it 2× “OCGA § 15-3-3.1 (a) (5). As the notice of appeal in this case was filed prior to that date, however, this Court properly has subject matter jurisdiction.”
The Merch. Law Firm, P.C. v. Emerson, 800 S.E.2d 557 (Ga. 2017).
· cites it 4× “Ill of the 1983 Constitution, the Court of Appeals ratherthan the Supreme Court shall have appellate jurisdiction over certain cases and “[a]ll other cases not reserved to the Supreme Court or conferred on other courts”).”
Gibson v. Gibson, 801 S.E.2d 40 (Ga. 2017).
· cites it 2× “Under the Appellate Jurisdiction Reform Act of 2016, Ga. L. 2016, p. 883, the Court of Appeals was given subject matter jurisdiction over “[a]ll divorce and alimony cases” in which a notice of appeal or application to appeal is filed on or after January 1, 2017.”
City of Cumming v. Flowers, 797 S.E.2d 846 (Ga. 2017).
· cites it 2× “883, §§ 3-1 (codified as OCGA § 15-3-3.1), 6-1 (c). Section 113-50 of the City’s Zoning Ordinance provides that the BZA may grant a variance only if it will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of…”
Dallow v. Dallow, 791 S.E.2d 20 (Ga. 2016).
· cites it 2× “§ 3-1 (codified at OCGA § 15-3-3.1 (a) (5)). Thus, appeals in future cases of this sortwill go to the Court of Appeals instead of this Court.”
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