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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.

Cases Citing O.C.G.A. § 15-9-123

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Ellis v. Johnson, 291 Ga. 127 (Ga. 2012).

Cited 16 times | Published | Supreme Court of Georgia | May 29, 2012 | 728 S.E.2d 200, 2012 Fulton County D. Rep. 1758

...ion as superior court judges, see OCGA § 15-6-4) ensures that the right to a jury trial will be “adequately protected in those counties”; and the availability of jury trials and the provision for appeal straight to an appellate court under OCGA § 15-9-123 (a) “conserves judicialresources, expedites resolution of cases, and serves to reduce litigation expenses.” Appellant instead focuses on the first requirement of a general law, arguing — as the probate court held — that once a cou...
...Bowles III, for appellees. It is undisputed that the probate judge in this case meets this practice requirement. In addition to there being a right to a jury trial in this class of probate court, the probate court’s decision may be appealed straight to an appellate court. See OCGA§ 15-9-123 (a)....
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Mays v. Rancine-Kinchen, 291 Ga. 283 (Ga. 2012).

Cited 11 times | Published | Supreme Court of Georgia | Jun 25, 2012 | 729 S.E.2d 321, 2012 Fulton County D. Rep. 1974

...ns v. State, 284 Ga. 642 (1) (670 SE2d 425) (2008). Appellant contends the probate court’s order effectively denies the will for probate in solemn form, and, as such, he is entitled to a direct appeal pursuant to OCGA §§ 5-3-2 (b), 15-9-120, and 15-9-123 (a), which are statutes that generally allow appeals to be taken from the probate court....
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Tanksley v. Parker, 608 S.E.2d 596 (Ga. 2005).

Cited 11 times | Published | Supreme Court of Georgia | Jan 24, 2005 | 278 Ga. 877, 2005 Fulton County D. Rep. 208

...probate proceeding." [6] The subscribing witnesses in the present case testified by written interrogatory as permitted, and thus Tanksley's contention is without merit. Judgment affirmed. All the Justices concur. NOTES [1] See OCGA §§ 15-9-120(2), 15-9-123 (civil litigants in probate courts whose counties have populations exceeding 96,000 persons have right of appeal to this Court as provided by Chapter 6 of Title 5 of the Code)....
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In the Interest of J. R. R., 641 S.E.2d 526 (Ga. 2007).

Cited 9 times | Published | Supreme Court of Georgia | Feb 26, 2007 | 281 Ga. 662

...Grandmother filed a notice of direct appeal to the Court of Appeals, which transferred the appeal to this Court as coming within our exclusive jurisdiction over all cases in which the constitutionality of a law has been drawn in question. Ga. Const. of 1983, Art. VI, § VI, Par. II(1); OCGA §§ 5-3-2(b), 15-9-123; In re E.P.M., 189 Ga.App....
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McBride v. Jones, 494 S.E.2d 319 (Ga. 1998).

Cited 7 times | Published | Supreme Court of Georgia | Jan 12, 1998 | 268 Ga. 869, 98 Fulton County D. Rep. 238

...e lifetime of the testatrix. Henry McBride, administrator of Doney McBride's estate, filed a caveat to the probate. [1] After a bench trial, the probate court granted the petition. Caveator filed a direct appeal to this Court as permitted under OCGA § 15-9-123....
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Sardy v. Hodge, 264 Ga. 548 (Ga. 1994).

Cited 5 times | Published | Supreme Court of Georgia | Sep 21, 1994 | 448 S.E.2d 355

...inheritance rights under applicable law. Judgment affirmed. All the Justices concur, except Hunt, C. J., and Sears-Collins, J., who concur in the judgment only. NOTES [1] The petition to probate the will was filed prior to the effective date of OCGA § 15-9-123; accordingly, a de novo appeal to superior court was authorized....
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Britt v. Sands Et Al., 294 Ga. 426 (Ga. 2014).

Cited 1 times | Published | Supreme Court of Georgia | Jan 21, 2014 | 754 S.E.2d 58, 2014 Fulton County D. Rep. 52

...Moreover, “[t]his Court will not set aside the probate court’s factual findings unless they are clearly erroneous, meaning that they will be upheld if there is any evidence to sustain them.” Parker v. Kelley, 290 Ga. 454, 455 (721 SE2d 828) (2012). 2 OCGA §§ 15-9-120 (2) and 15-9-123 provide the right to appeal directly to the appropriate appellate court, rather than to the superior court, decisions from a probate court in a county with a population exceeding 90,000, like Gwinnett County....
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Singley v. Clower, 257 Ga. 528 (Ga. 1987).

Cited 1 times | Published | Supreme Court of Georgia | Oct 22, 1987 | 362 S.E.2d 767

Hunt, Justice. The caveator appeals from the judgment of the probate court admitting the will to probate in solemn form. This case comes to us pursuant to OCGA § 15-9-123 (a), effective July 1, 1986, authorizing appeals to this court and to the Court of Appeals from judgments in civil cases of probate courts of counties having a population of more than 150,000 persons....
...OCGA § 15-9-120 (2).1 Contrary to appellant’s contention, the evidence, though conflicting, supports the finding that the deceased possessed the necessary testamentary capacity. Appellant’s remaining enumerations are without merit. Judgment affirmed. All the Justices concur. OCGA §§ 15-9-120; 15-9-123, and 5-3-29, all effective July 1, 1986, eliminated the de novo appeal to superior court from judgments in civil cases of probate courts of counties having a population of more than 150,000 persons.