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

O.C.G.A. § 5-3-27 (2019)

Amendments to cure defects

✓ 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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Statute text

No appeal shall be dismissed because of any defect in the notice of appeal, bond, or affidavit of indigence or because of the failure of the lower court, agency, or other tribunal to transmit the pleadings or other record; but the superior court shall at any time permit such amendments and enter such orders as may be necessary to cure the defect.

History

(Code 1933, § 6-115, enacted by Ga. L. 1972, p. 738, § 5.)

Annotations

JUDICIAL DECISIONS

Technicalities should not be determinative. - People's right to litigate with governmental bodies should not be decided on technicalities any more than one citizen's right to litigate with another citizen. City of Atlanta v. International Soc'y for Krishna Consciousness of Atlanta, Inc., 240 Ga. 96, 239 S.E.2d 515 (1977).

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 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).

Filing an independent suit, rather than a notice of appeal in the lower tribunal, was sufficient to vest the superior court with jurisdiction to decide an appeal from an adverse decision of the mayor and city council, and the superior court was bound to make the determination whether the procedural irregularity caused unreasonable or inexcusable delay. Hanson v. Wilson, 257 Ga. 5, 354 S.E.2d 126 (1987).

Appeal from city court to superior court correctly dismissed. - Superior court correctly dismissed defendant's appeal from the city court to the superior court, because such appeal from the city court erroneously taken to the superior court to be transferred to the appellate court was not authorized by O.C.G.A. § 5-3-27. Sawyer v. City of Atlanta, 257 Ga. App. 324, 571 S.E.2d 146 (2002).

Cited in Sims v. American Cas. Co., 131 Ga. App. 461, 206 S.E.2d 121 (1974); Judd v. Valdosta/Lowndes County Zoning Bd. of Appeals, 147 Ga. App. 128, 248 S.E.2d 196 (1978); Zornes v. State, 262 Ga. 757, 426 S.E.2d 355 (1993); Adams v. State, 234 Ga. App. 696, 507 S.E.2d 538 (1998); Register v. Elliott, 285 Ga. App. 741, 647 S.E.2d 406 (2007).

RESEARCH REFERENCES

Am. Jur. 2d. - 5 Am. Jur. 2d, Appellate Review, §§ 264, 307, 341, 915.

C.J.S. - 4 C.J.S., Appeal and Error, §§ 415, 470, 600, 737.

Notes of Decisions
Cited in 7 cases, 1987–2014 · leading case: Register v. Elliott, 647 S.E.2d 406 (Ga. Ct. App. 2007).
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Register v. Elliott, 647 S.E.2d 406 (Ga. Ct. App. 2007). · cites it 4× “OCGA § 5-3-27 pertinently provides that “[n]o appeal shall be dismissed because of any defect in the notice of appeal.”
Sawyer v. City of Atlanta, 571 S.E.2d 146 (Ga. Ct. App. 2002). · cites it 6× “OCGA § 5-3-27, part of the article dealing with appeals to superior court, provides that no appeal “shall be dismissed because of any defect in the notice of appeal.”
Hanson v. Wilson, 354 S.E.2d 126 (Ga. 1987). · cites it 6× “It is this provision with which Hanson did not comply when she timely filed her independent suit in the superior court, and which caused the dismissal of her case.”
Clayton Cnty. Bd. of Educ. v. Wilmer, 753 S.E.2d 459 (Ga. Ct. App. 2014). · cites it 4× “For an example of such a statutory provision, see OCGA § 5-3-27, which is part of the statutory chapter that provides for appeals to the superior court from decisions made by the probate courts, OCGA § 5-3-2 et seq.”
Adams v. State, 507 S.E.2d 538 (Ga. Ct. App. 1998). · cites it 2× “In general, a notice of appeal must be filed within 30 days after entry of the appealable judgment complained of. OCGA § 5-6-38 (a). However, no appeal shall be dismissed because of a defect in the notice of appeal, including a designation of the wrong appellate court.”
Zornes v. State, 426 S.E.2d 355 (Ga. 1993). · cites it 2× “Appellant insists that the trial court erred in dismissing the appeal rather than transferring it to state court, citing OCGA § 5-3-27: No appeal shall be dismissed because of any defect in the notice of appeal, bond, or affidavit of indigence or because of the failure of the…”
Clayton Cnty. Bd. of Educ. v. Wilmer Burnedetta (Ga. Ct. App. 2014). · cites it 4× “13 Arguably, in cases in which a teacher requests a 12 For an example of such a statutory provision, see OCGA § 5-3-27, which is part of the statutory chapter that provides for appeals to the superior court from decisions made by the probate courts, OCGA § 5-3-2 et seq.”
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.