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).

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, 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).

Am. Jur. 2d.

- 5 Am. Jur. 2d, Appellate Review § 292 et seq. 14 Am. Jur. 2d, Certiorari, § 49 et seq.

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 A.L.R. Fed 445.