O.C.G.A. § 5-3-4 (2019)
Appeal by one of several plaintiffs or defendants - Authorization and procedure generally
When there is more than one party plaintiff or defendant, and one or more of the parties plaintiff or defendant desire to appeal, and the others refuse or fail to appeal, the party plaintiff or defendant desiring to appeal may enter an appeal in the manner provided by law. (Laws Page: 184 GA RV 13 RV 4(T4-6) - EP Date: 06/14/13 Time: 10:58:26 1839, Cobb’s 1851 Digest, p. 500; Code 1863, § 3539; Code 1868, § 3562; Code 1873, § 3619; Code 1882, § 3619; Civil Code 1895, § 4461; Civil Code 1910, § 5006; Code 1933, § 6-110; Ga. L. 1995, p. 10, § 5.)
Annotations
JUDICIAL DECISIONS Parties to appeal. - Although only one of the coparties appeals, all of the coparties who have the same interests and rights are also a party to the appeal. Hunt v. Henderson, 178 Ga. App. 688, 344 S.E.2d 470 (1986). Right of all parties to prosecute or defend. - All parties who are brought up on appeal, whether they have filed an appeal or not have the right to appear and prosecute or defend, whichever the case may be. Hunt v. Henderson, 178 Ga. App. 688, 344 S.E.2d 470 (1986). Section inapplicable to certiorari cases, but applies to appeals only. Winn v. Ingram, 3 Ga. App. 628, 60 S.E. 328 (1908). Suits against several defendants jointly. - Section inapplicable where several defendants jointly sued are discharged and remaining defendant held liable. It is otherwise if judgment below
was rendered against all defendants. Patterson v. Barrow, 99 Ga. 166, 25 S.E. 398 (1896). Defendant cannot enter appeal from only part of judgment. Bryson v. Scott, 111 Ga. 196, 36 S.E. 619 (1900). Where nonappealing defendant dies between first and second trial. - Where one of three defendants enters appeal under section, and one of other two dies, between first and second trial, he was a party to appeal, so far as to require his legal representative to be made a party to cause before it can proceed. Stell v. Glass, 1 Ga. 475 (1846). Cited in Powell v. Perry, 63 Ga. 417 (1879); Metzer v. Steed, 132 Ga. 822, 65 S.E. 117 (1909); Marks v. Steinberg, 55 Ga. App. 561, 190 S.E. 808 (1937); Colley v. Dillon, 158 Ga. App. 416, 280 S.E.2d 425 (1981).
RESEARCH REFERENCES Am. Jur. 2d. - 5 Am. Jur. 2d, Appellate Review, § 231 et seq. C.J.S. - 4 C.J.S., Appeal and Error, §§ 237 et seq., 325 et seq. ALR. - May new trial or reversal for error as to measure of damages against
one or more of the parties be restricted to those parties, 32 ALR 255. Right to perfect appeal, against party who has not appealed, by cross appeal filed after time for direct appeal has passed, 32 ALR3d 1290.