O.C.G.A. § 5-5-51 (2019)

Annotations

JUDICIAL DECISIONS Trial court’s written order granting a new trial on the general grounds was in compliance with the requirements of O.C.G.A. § 5-5-51. Jackson Nat’l Life Ins. Co. v. Snead, 231 Ga. App. 406, 499 S.E.2d 173 (1998). Special verdict form was not objectionable. - Trial court erred in granting a new trial, pursuant to the standard of review under O.C.G.A. §§ 5-5-50 and 5-5-51, to the second insurer in the first insurer’s declaratory judgment action arising from a coverage dispute, after the jury rendered a verdict pursuant to a special verdict form in favor of the first insurer, since the form was not defective for including the words ‘‘coverage is ex-

cluded because’’ prior to the four potential fact-findings in favor of the first insurer; the wording of the form may have been inartful and had mixed questions of law with the factual assertions, but such did not constitute an abuse of the trial court’s discretion, as no mandate forbade the use of the language, and the trial court acted within the court’s discretion and authority pursuant to O.C.G.A. § 9-11-49(a). Gov’t Emples. Ins. Co. v. Progressive Cas. Ins. Co., 275 Ga. App. 872, 622 S.E.2d 92 (2005). Cited in Famiglietti v. Brevard Medical Investors, Ltd., 197 Ga. App. 164, 397 S.E.2d 720 (1990); O’Neal v. State, 285 Ga. 361, 677 S.E.2d 90 (2009).

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CHAPTER 6 CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY

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Article 1

Article 2

General Provisions

Appellate Practice

Appearance before court of interested third parties. Disposition of transcript in appellate court. Filing of briefs on court order where cases not disposed of during term; additional argument; effect of failure to comply with order. Bill of costs; payment of costs; filing of affidavit of indigence; payment of costs or filing of affidavit as prerequisite to receipt of application for appeal or brief by clerk. Entry of judgment for costs on reversal. Damages for frivolous appeal. No decisions to be rendered ore tenus; publication of judgments and opinions. Entry of decision on minutes; directions to lower court. Transmittal of opinion to lower court generally. Transmittal of remittitur to lower court generally. Issuance of remittitur in cases involving death penalty. Cessation of supersedeas and issuance of execution upon affirmance of judgment of lower court. Granting of supersedeas in cases of contempt. Execution of extraordinary orders of Supreme Court. Certiorari from Supreme Court to Court of Appeals. Time for appeal by representative where party dies after trial; effect of entry of appeal and of failure to enter appeal; when appeal heard.

Sec.

Purpose of article; construction. Entry of judgment defined. Manner of service of notices and other papers upon parties; waiver or acknowledgment of service. Right of appeal generally. Judgments and rulings deemed directly appealable; procedure for review of judgments, orders, or decisions not subject to direct appeal; scope of review; hearings in criminal cases involving a capital offense for which death penalty is sought; appeals involving nonmonetary judgments in child custody cases. Cases requiring application for appeal; requirements for application; exhibits; response; issuance of appellate court order regarding appeal; procedure; supersedeas; jurisdiction of appeal; appeals involving nonmonetary judgments in custody cases. Filing of motion for new trial and motion for judgment notwithstanding verdict where appeal taken from judgment, ruling, or order. Filing and contents of notice of appeal; service of notice upon parties to appeal. Time of filing notice of appeal; cross appeal; record and transcript for cross appeal; division of costs; appeals in capital offense cases for which death penalty is sought. Extensions of time for filing notice of appeal, notice of cross appeal, transcript of evidence,

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designation of record and other similar motions. Enumeration of errors. Reporting, preparation, and disposition of transcript; correction of omissions or misstatements; preparation of transcript from recollections; filing of disallowed papers; filing of stipulations in lieu of transcript; reporting at party’s expense. Procedure for preparation and filing of transcript of evidence and proceedings where appellant designates matter to be omitted from record on appeal; extensions of time for completion of transcript. Preparation and transmittal of record on appeal by court clerk; retention of copy by clerk; furnishing at no cost to Attorney General in capital cases; notification where defendant confined to jail. Authorization and procedure generally for filing of joint appeals, motions for new trial, and other motions; division of costs between parties.

Law reviews. - For survey of 1995 Eleventh Circuit cases on trial practice

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Operation of notice of appeal as supersedeas in criminal cases; bond; review. Operation of notice of appeal as supersedeas in civil cases; requirement of supersedeas bond or other security; fixing of amount; procedure upon no or insufficient filing; effect of bond as to liability of surety; punitive damages. Operation of notice of appeal and affidavit of indigence as supersedeas in civil cases; procedure for contests as to truth of affidavit. Grounds for dismissal of appeal; amendments; correcting or supplementing record or transcript; effect of dismissal of appeal upon cross appeal; effect of deficiencies upon consideration of appeal. Bills of exceptions, exceptions pendente lite, assignments of error abolished; contents of motions for new trial and for j.n.o.v. Procedure provided by article supersedes former appellate procedure. Forms.

and procedure, see 47 Mercer L. Rev. 907 (1996).

JUDICIAL DECISIONS Findings or verdict not disturbed if supported by some evidence. - Findings of a judge acting as a jury will not be disturbed if there is any evidence to support the judgment. Adams v. Crowell, 157 Ga. App. 576, 278 S.E.2d 151 (1981). On appeal of the judgment of a trial judge sitting without a jury, a judgment will not be disturbed if there is any evidence to sustain the judgment. Collins v. Brayson Supply Co., 157 Ga. App. 438, 278 S.E.2d 87 (1981). In the absence of legal error, an appellate court is without jurisdiction to inter-

fere with a verdict supported by some evidence, even when the verdict may be against the preponderance of the evidence. Pembrook Mgt., Inc. v. Cossaboon, 157 Ga. App. 675, 278 S.E.2d 100 (1981). Jury determines witness credibility and conflicts in evidence. - It is the function of the jury, not the appellate court, to determine the credibility of witnesses and weigh any conflict in the evidence. Hudgins v. State, 159 Ga. App. 723, 285 S.E.2d 73 (1981). Appellate court views evidence in light most favorable to the jury’s verdict

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T.5, C.6 CERTIORARI AND APPEALS TO APPELLATE COURTS T.5, C.6, A.1 after the verdict has been rendered. Hudgins v. State, 159 Ga. App. 723, 285 S.E.2d 73 (1981). Court of Appeals will not consider questions raised for first time on appeal. Mosley v. State, 157 Ga. App. 578, 278 S.E.2d 154 (1981). Failure to renew objection. - When

the defendant initially objected to the introduction of the complained of evidence, the defendant’s failure to renew the defendant’s objection in the absence of an express waiver does not forbid consideration of the defendant’s objection on appeal. Bryan v. State, 157 Ga. App. 635, 278 S.E.2d 177 (1981).

RESEARCH REFERENCES ALR. - Availability of remedies other than direct appeal from or error to federal court under provision of federal statute denying appeal or writ of error from decision remanding to state court case removed to federal court, 114 ALR 1476. Right of winning party to appeal from

judgment granting him full relief sought, 69 ALR2d 701. Right to appellate review of consent judgment, 69 ALR2d 755. Appealability of order suspending imposition or execution of sentence, 51 ALR4th 939.

ARTICLE 1 GENERAL PROVISIONS Cross references. - Requirement that, in ruling or decision in mandamus or quo warranto proceeding or in case involving writ of prohibition, there be final judgment in trial court prior to appeal to Supreme Court, § 9-6-1. Certification of questions to Supreme Court by federal appellate courts, § 15-2-9. Number of

votes of Justices of Supreme Court required for rendering of decision, § 15-2-16. Number of votes of Judges of Court of Appeals required for rendering of decision, § 15-3-1. Requirement of special license to practice before Supreme Court or Court of Appeals, § 15-19-1.

RESEARCH REFERENCES ALR. - Effect of reversal or vacation of judgment on execution sale, 29 ALR 1071. Right of appellate court, in otherwise proper case, to affirm judgment on quantum meruit under a complaint declaring upon an express contract, rather than remanding it because of variance between pleading and proof, 118 ALR 1208. Necessity of setting aside or reversing entire money judgment because of error in allowing certain items, where the verdict or judgment purports to specify the amounts allowed respectively for the proper and improper items, 135 ALR 1186. Remittitur on which court has conditioned refusal of new trial or reversal, as

inuring to benefit of codefendant failing to move for new trial or to appeal, 160 ALR 984. Liability for costs on appeal relating to amount of condemnation award, 50 ALR2d 1386. Right to file briefs in trial court, 86 ALR2d 1233. Financial worth of one or more of several joint defendants as proper matter for consideration in fixing punitive damages, 9 ALR3d 692. Emotional manifestations by victim or family of victim during criminal trial as ground for reversal, new trial, or mistrial, 31 ALR4th 229.

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