O.C.G.A.

O.C.G.A. § 5-3-21 (2019)

Notice of appeal; form; service

✓ 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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(a) An appeal to the superior court may be taken by filing a notice of appeal with the court, agency, or other tribunal appealed from. No particular form shall be necessary for the notice of appeal, but the following is suggested: (NAME OF INFERIOR JUDICATORY) STATE OF GEORGIA

) ) ) ) ) )

(Case number designation)

APPEAL TO SUPERIOR COURT Notice is hereby given that , appellant herein, and , above-named, hereby appeals to the Superior (plaintiff, defendant, etc.) Court of County from the judgment (or order, decision, etc.) entered herein on (date) , .

Page: 193

Dated:

Date: 06/14/13 Time: 12:5:30

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. Attorney For Appellant Address

(b) A copy of the notice of appeal shall be served on all parties in the same manner prescribed by Code Section 5-6-32. Failure to perfect service on any party shall not work dismissal, but the superior court shall grant continuances and enter such other orders as may be necessary to permit a just and expeditious determination of the appeal.

History

(Orig. Code 1863, § 3534; Code 1868, § 3557; Ga. L. 1868, p. 131, § 2; Code 1873, § 3614; Code 1882, § 3614; Civil Code 1895, § 4456; Civil Code 1910, § 5001; Code 1933, § 6-103; Ga. L. 1972, p. 738, § 3; Ga. L. 1999, p. 81, § 5.)

Annotations

JUDICIAL DECISIONS Authority for appeals. - O.C.G.A. § 5-3-21 does not constitute an enabling act that authorizes appeals from any court, agency, or tribunal, and any authority for appeals to superior court must be found in other Code sections. Southern States Landfill, Inc. v. City of Atlanta Bd. of Zoning Adjustments, 261 Ga. 759, 410 S.E.2d 721 (1991). Notice is absolute jurisdictional requirement. - Proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court. Cooper v. Gwinnett County Bd. of Educ., 157 Ga. App. 289, 277 S.E.2d 285 (1981); Elbert County Bd. of Educ. v. Gurley, 215 Ga. App. 205, 450 S.E.2d 258 (1994). Supersedeas bond not notice of appeal. - While a notice of appeal serves as supersedeas unless a bond is ordered by the court, a supersedeas bond is not, of itself, a notice of appeal. A bond may be required for security as a prerequisite to bringing an appeal but the bond does not, itself, commence the appeal. Sharpe v. State, 198 Ga. App. 381, 401 S.E.2d 586 (1991). Effect of filing in wrong court. - When a notice of appeal from a probate

court decision is filed in a timely fashion, the superior court is vested with discretion in determining whether to dismiss the appeal. If the superior court finds that the filing of the notice of appeal in superior court has caused an unreasonable as well as inexcusable delay in the transmission of the record from the probate court, the appeal should be dismissed. Otherwise, the superior court is authorized to retain the appeal. In that event, the superior court has ample authority under O.C.G.A. § 5-3-27 to enter an order directing that the probate court transmit the record to the superior court so that the appeal can be decided. Mack v. Demming, 248 Ga. 117, 281 S.E.2d 591 (1981). Appeal from decision rendered by local school board. - When no notice of appeal from a decision rendered by a local school board was filed with the State Board of Education but, instead, appellant filed an appeal directly in the superior court, proper appellate procedure was not followed. Therefore, the superior court did not have jurisdiction to review the decision sought to be appealed. Cooper v. Gwinnett County Bd. of Educ., 157 Ga. App. 289, 277 S.E.2d 285 (1981); Elbert County Bd. of Educ. v. Gurley, 215 Ga. App. 205, 450 S.E.2d 258 (1994).

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Cited in Lane v. Douglas, 128 Ga. App. 231, 196 S.E.2d 368 (1973); City of Savannah Beach v. Thompson, 135 Ga. App. 63,

Date: 06/14/13 Time: 12:5:30

217 S.E.2d 304 (1975); Judd v. Valdosta/ Lowndes County Zoning Bd. of Appeals, 147 Ga. App. 128, 248 S.E.2d 196 (1978).

RESEARCH REFERENCES Am. Jur. 2d. - 5 Am. Jur. 2d, Appellate Review§ 292 et seq. 14 Am. Jur. 2d, Certiorari, § 49 et seq. Am. Jur. Pleading and Practice Forms. - 2 Am. Jur. Pleading and Practice Forms, Appeal and Error, § 68.

ALR. - Sufficiency of ‘‘designation’’ under Federal Appellate Procedure Rule 3(c) of judgment or order appealed from in civil cases by notice of appeal not specifically designating such judgment or order, 141 ALR Fed 445.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1987–2025 · leading case: S. States Landfill, Inc. v. City of Atlanta Bd. of Zoning Adjustments, 410 S.E.2d 721 (Ga. 1991).

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S. States Landfill, Inc. v. City of Atlanta Bd. of Zoning Adjustments, 410 S.E.2d 721 (Ga. 1991). · cites it 16× “Much of appellant's argument is predicated on its contention that appeals from BZA decisions are governed only by OCGA § 5-3-21, which provides that an appeal to superior court "may be taken by filing a notice of appeal with the court, agency, or other tribunal appealed from.”

Columbus Transmission Co. v. Murry, 626 S.E.2d 202 (Ga. Ct. App. 2006). · cites it 2× “Appellant next argues that the trial court erred in not processing its “Appeal to the Superior Court” of the order to strike.”

Douglas Asphalt Co. v. Georgia Pub. Serv. Comm'n, 589 S.E.2d 292 (Ga. Ct. App. 2003). · cites it 2× “The trial court held: Service of appeals from an agency or other tribunal is governed by OCGA § 5-3-21. That section specifies that “A copy of the notice of appeal shall be served on all parties in the same manner prescribed by Code Section 5-6-32.”

Sharpe v. State, 401 S.E.2d 586 (Ga. Ct. App. 1991). · cites it 2× “We reject defendant’s argument that the supersedeas bond was sufficient to serve as a notice of appeal pursuant to OCGA § 5-3-21 (a). It is true this Code section does not require any particular form for the notice of appeal.”

Hanson v. Wilson, 354 S.E.2d 126 (Ga. 1987). · cites it 2× “OCGA § 5-3-21 (a) requires that a notice of appeal be filed with the tribunal from which the appeal is taken.”

Elbert Cnty. Bd. of Educ. v. Gurley, 450 S.E.2d 258 (Ga. Ct. App. 1994). · cites it 2× “Under OCGA § 5-3-21, “[a]n appeal to the superior court may be taken by filing a notice of appeal with the court, agency, or other tribunal appealed from.”

Dewyan Fitzgerald v. Atl 21 Wr Owner, LLC D/B/A Arden Place Apts. (Ga. Ct. App. 2023). · cites it 4× “See OCGA § 5-3-21 (a) (an appeal to the superior court is initiated by filing a “notice of appeal” with the “tribunal appealed from”); OCGA § 15-10-41 (b) (an appeal from a magistrate court judgment (other than a default judgment or a dismissal for failure to prosecute) may be…”

Ga Bioscience Rsch., Inc. v. Trulieve Ga, Inc. (Ga. Ct. App. 2025). · cites it 2× “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…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.