O.C.G.A.
O.C.G.A.

O.C.G.A. § 5-3-1 (2019)

Right of appeal from county courts and justice of the peace courts

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
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.
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Reserved. Repealed by Ga. L. 1983, p. 884, § 4-2, effective July 1, 1983.

Annotations

Editor’s notes. - This Code section was based on Orig. Code 1863, § 3529; Code 1868, § 3552; Ga. L. 1868, p. 131, § 2; Ga. L. 1871-72, p. 288, § 5; Ga. L.

1872, p. 40, § 1; Code 1873, § 3610a; Ga. L. 1874, p. 85, § 1; Code 1882, § 3610a; Civil Code 1895, § 4453; Civil Code 1910, § 4998; Code 1933, § 6-101.

Notes of Decisions
Cited in 16 cases (15 in the last 5 years), 1991–2026 · leading case: Walton Cnty. v. Scenic Hills Estates, Inc., 401 S.E.2d 513 (Ga. 1991).
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Walton Cnty. v. Scenic Hills Estates, Inc., 401 S.E.2d 513 (Ga. 1991). · cites it 2× “The types of appeals that may be taken to the superior courts are expressly stated in appeals to superior court, OCGA § 5-3-1 et seq. There is nothing therein that allows a direct appeal from a rezoning application.”
City of Snellville, Georgia v. Snellville Beverage Store Dba Beverage Store of Loganville, LLC (Ga. Ct. App. 2025). · cites it 5× “As explained by the General Assembly, the SSCAPA provides “a single, modern, and uniform procedure called a ‘petition for 3 review’ for appealing a decision made by a lower judicatory to a superior or state court[.”
Calvin G. Mabvurunge v. Felicitas Katsande (Ga. Ct. App. 2024). · cites it 4× “, and whether someone not a party to those probate court proceedings could file an appeal under former OCGA § 29-5-11 (the predecessor statute to OCGA § 29- 5-110), which provided a specific appellate procedure separate and apart from the more general appellate scheme laid out…”
Ultra Grp. of Companies, Inc. v. Daljeet Singh (Ga. Ct. App. 2024). · cites it 4× “The parties—in their respective petitions for review to the superior court—purported to proceed under two different statutory schemes: OCGA §§ 50-27- 76 and 50-27-102, which govern appeals from COAM disputes to the Fulton County Superior Court, and OCGA § 5-3-1 et seq., the…”
Scottie Stubbs v. Local Homes, LLC (Ga. Ct. App. 2025). · cites it 4× “In connection with the passage of the Superior and State Court Appellate Practice Act, OCGA § 5-3-1 et seq. (the “Act”),1 effective July 1, 2023, the General Assembly also amended OCGA § 44-7-56, which governs appeals in dispossessory actions.”
Arc Gaming & Tech., LLC v. Hiram Imp, Inc. (Ga. Ct. App. 2025). · cites it 4× “Arc filed a timely petition for review to the superior court pursuant to OCGA § 5-3-1 et seq. The superior court consolidated the petition for review into the petition for writ of certiorari.”
Girls Galore, Inc. v. City of Atlanta (Ga. Ct. App. 2026). · cites it 4× “”3 Allure filed a petition for review in the superior court pursuant to the Superior and State Court Appellate Practice Act, OCGA § 5-3-1 et seq. (“SSCAPA”). Following a non-evidentiary hearing in which all parties were represented, the 2 The mayor did not base his penalty…”
Ga Bioscience Rsch., Inc. v. Trulieve Ga, Inc. (Ga. Ct. App. 2025). · cites it 3× “2 See OCGA §§ 5-3-1 to OCGA § 5-3-21. 3 Although both Aspire and GABRI contend that they filed their petitions for certiorari in Fulton County “while [they] awaited this Court’s decision” on their discretionary applications filed following the dismissal of the superior court…”
James Williams Patrick v. Kathy Anne Messer (Ga. Ct. App. 2023). · cites it 2× “See OCGA § 5-3-1 et seq. appeal procedure, we lack jurisdiction over this appeal, which is hereby DISMISSED.”
Varneal MacK, Jr. v. U.S. Bank Trust Nat'l Ass'n, Solely as Owner Tr. of Vrmtg Asset Trust (Ga. Ct. App. 2024). · cites it 2× “See OCGA § 5-3-1 et seq. 0) (1996). Because Mack did not follow the discretionary appeal procedure, we lack jurisdiction over this appeal, which is hereby DISMISSED.”
La' Shaun Clark v. Jefferson Capital Sys., LLC as Assignee of One Main Fin. Grp., LLC (Ga. Ct. App. 2025). · cites it 2× “The new Superior and State Court Appellate Practice Act, OCGA § 5-3-1 et seq., became effective on July 1, 2023.”
Townley Fam. P'ship, Lllp v. the Town of North High Shoals (Ga. Ct. App. 2025). · cites it 2× “North High Shoals filed both a motion to dismiss and an answer and counterclaim, seeking a declaratory judgment that OCGA § 36-36- 131 is unconstitutional on its face and that the Appellate Practice Act (“APA”), codified at OCGA § 5-3-1 et seq., is unconstitutional as applied…”
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