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2018 Georgia Code 15-9-123 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-9-123 Case Law from Google Scholar Amendments to OCGA 15-9-123

TITLE 15 COURTS

Section 9. Probate Courts, 15-9-1 through 15-9-158.

ARTICLE 6 JURY TRIALS AND APPEALS

15-9-123. Appeal.

  1. Either party to a civil case in the probate court shall have the right of appeal to the Supreme Court or the Court of Appeals, as provided by Chapter 6 of Title 5.
  2. The general laws and rules of appellate practice and procedure which are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals of civil cases from the probate courts.

(Code 1981, §15-9-123, enacted by Ga. L. 1986, p. 982, § 6.)

JUDICIAL DECISIONS

Claims filed after effective date.

- Although O.C.G.A Art. 6, Ch. 9, T. 15 is effective for all cases filed on or after July 1, 1986, a petition filed prior to July 1, 1986, predated that date even though some of the claims were filed after that date; hence, jurisdiction of the appeal lay with the superior court, not the supreme court. Porter v. Frazier, 257 Ga. 614, 361 S.E.2d 825 (1987); Walker v. Yarus, 258 Ga. 346, 369 S.E.2d 32 (1988).

Cited in Lawhorne v. Horace, 188 Ga. App. 427, 373 S.E.2d 263 (1988); Bosma v. Gunter, 258 Ga. 664, 373 S.E.2d 368 (1988); Beals v. Beals, 203 Ga. App. 81, 416 S.E.2d 301 (1992); In re Estate of Dasher, 259 Ga. App. 201, 575 S.E.2d 921 (2002); In re Estate of Taylor, 270 Ga. App. 807, 608 S.E.2d 299 (2004); In the Interest of J.R.R., 281 Ga. 662, 641 S.E.2d 526 (2007); Montgomery v. Montgomery, 287 Ga. App. 77, 650 S.E.2d 754 (2007); Mays v. Rancine-Kinchen, 291 Ga. 283, 729 S.E.2d 321 (2012).

OPINIONS OF THE ATTORNEY GENERAL

Appointment of emergency guardian pending appeal.

- Under O.C.G.A. § 29-5-11(d), the probate courts, which are authorized to hold jury trials under Ga. L. 1986, p. 982, will not be authorized to appoint an emergency guardian pending appeal. 1986 Op. Att'y Gen. No. U86-18.

Appeal of an order of emergency guardianship under O.C.G.A. § 29-5-11, which can be considered a "final order," will act as a supersedeas upon payment of the costs by the appellant. 1986 Op. Att'y Gen. No. U86-18.

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