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2018 Georgia Code 5-3-28 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-3-28 Case Law from Google Scholar Amendments to OCGA 5-3-28

TITLE 5 APPEAL AND ERROR

Section 3. Appeals to Superior or State Court, 5-3-1 through 5-3-31.

ARTICLE 2 PROCEDURE

5-3-28. Transmittal of record and transcripts to superior court; issuance of orders and writs.

  1. 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.
  2. The superior court may issue such orders and writs as may be necessary in aid of its jurisdiction on appeal.

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

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.

Cases Citing Georgia Code 5-3-28 From Courtlistener.com

Total Results: 7

Harper v. Harper

Court: Supreme Court of Georgia | Date Filed: 2001-10-22

Citation: 554 S.E.2d 454, 274 Ga. 542, 2001 Fulton County D. Rep. 3157, 2001 Ga. LEXIS 826

Snippet: is dead. Even under the prior law, former OCGA § 53-2-8, Caveator still could not recover, as the evidence

Joseph v. Grisham

Court: Supreme Court of Georgia | Date Filed: 1997-03-03

Citation: 482 S.E.2d 251, 267 Ga. 677, 97 Fulton County D. Rep. 711, 1997 Ga. LEXIS 74

Snippet: of which a will can be invalidated under OCGA § 53-2-8. In order for the testatrix's beliefs to constitute

Shore v. Malloy

Court: Supreme Court of Georgia | Date Filed: 1996-07-15

Citation: 267 Ga. 44, 472 S.E.2d 303, 96 Fulton County D. Rep. 2695, 1996 Ga. LEXIS 497

Snippet: Wills (2d ed.), p. 278, § 59. In Georgia, OCGA § 53-2-8 provides an exception to the general rule that

Kaplan v. Kaplan

Court: Supreme Court of Georgia | Date Filed: 1996-04-29

Citation: 469 S.E.2d 198, 266 Ga. 612, 96 Fulton County D. Rep. 1605, 1996 Ga. LEXIS 184

Snippet: caveat on the ground of mistake of fact under OCGA § 53-2-8. The probate court granted the executors' motion

Yancey v. Hall

Court: Supreme Court of Georgia | Date Filed: 1995-06-12

Citation: 265 Ga. 466, 458 S.E.2d 121

Snippet: conduct of the nephew within the meaning of OCGA § 53-2-8. However, in order for Harris' belief to be a "mistake

Dismuke v. C & S TRUST CO.

Court: Supreme Court of Georgia | Date Filed: 1991-09-05

Citation: 407 S.E.2d 739, 261 Ga. 525, 1991 Ga. LEXIS 400

Snippet: trial court did not err in failing to apply OCGA § 53-2-8 inasmuch as appellant was not an heir at law of

Skelton v. Skelton

Court: Supreme Court of Georgia | Date Filed: 1983-11-16

Citation: 308 S.E.2d 838, 251 Ga. 631

Snippet: App. 818, 821 (237 SE2d 223) (1977). [4] OCGA § 53-2-8 (Code Ann. § 113-210) provides "A will executed