O.C.G.A.

O.C.G.A. § 5-3-28 (2019)

Transmittal of record and transcripts to superior court; issuance of orders and writs

✓ 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) Within ten days of the filing of the notice of appeal, it shall be the duty of the judge or other official of the court, agency, or tribunal appealed from to cause a true copy of the pleadings, if any, and all other parts of the record (and transcript of evidence and proceedings, where the appeal is not de novo) to be transmitted to the superior court.

(b) The superior court may issue such orders and writs as may be necessary in aid of its jurisdiction on appeal.

History

(Code 1933, § 6-114, enacted by Ga. L. 1972, p. 738, § 5.)

Annotations

Cross references. - Appeals - probate court transcript not transmitted,

Uniform Rules for the Probate Courts, Rule 9.3.

JUDICIAL DECISIONS Meaning of ‘‘pleadings.’’ - In a de novo proceeding, reference to ‘‘pleadings’’ generally refers to entire record sent up to superior court from lower tribunal and not only to appellant’s petition for appeal. Judd v. Valdosta/Lowndes County Zoning

Bd. of Appeals, 147 Ga. App. 128, 248 S.E.2d 196 (1978). Cited in Tony v. Pollard, 248 Ga. 86, 281 S.E.2d 557 (1981); Mack v. Demming, 248 Ga. 117, 281 S.E.2d 591 (1981).

RESEARCH REFERENCES Am. Jur. 2d. - 5 Am. Jur. 2d, Appellate Review, § 467 et seq.

Notes of Decisions

Cited in 2 cases, 1991–2005 · leading case: Curry v. Sutherland, 614 S.E.2d 756 (Ga. 2005).

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Curry v. Sutherland, 614 S.E.2d 756 (Ga. 2005). · cites it 2× “See OCGA §§ 5-3-28; 5-3-29. 3 Uncontroverted evidence showed that the house in which the testator had lived until a few months before his death was in his daughter’s name only, although he paid associated hills, including the house payments for a number of years, and that…”

Holloman v. State, 404 S.E.2d 651 (Ga. Ct. App. 1991). · cites it 2× “See OCGA § 5-3-28 (b). Case remanded with direction.”

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.