"Proceedings in lower court" as used in section should be liberally construed.

- To define "proceedings in lower court," as used in this section to mean only those proceedings which directly relate to the appellant's enumerations of error is unduly restrictive because liberal construction comports with policies of this article, enhances efficient administration of justice, and avoids multiplicity of appeals. Executive Jet Sales, Inc. v. Jet America, Inc., 242 Ga. 307, 248 S.E.2d 676 (1978).

Verdict is not an appealable decision or judgment within purview of section. Williams v. Keebler, 222 Ga. 437, 150 S.E.2d 674, answer conformed to, 114 Ga. App. 332, 151 S.E.2d 483 (1966).

Judgment of forfeiture.

- Because an appealed judgment was a forfeiture, the court of appeals addressed the merits of the appeal. Arreola-Soto v. State of Ga., 314 Ga. App. 165, 723 S.E.2d 482 (2012), cert. denied, No. S12C1048, 2012 Ga. LEXIS 593 (Ga. 2012).

Appellant responsible for contents of record.

- It is appellant's burden to designate what shall be included in the record on appeal; failing which the Court of Appeals is not authorized to go outside the record and accept assertions of fact in briefs which are not supported by the record, nor accept as fact what is asserted by way of argument in a transcript. Doe v. State, 205 Ga. App. 322, 422 S.E.2d 558 (1992).

Burden is on the appellant to direct transmittal of the trial transcript and, lacking a transcript of the evidence, the court of appeals must assume that the proceedings, the jury's verdict, and the judgment entered upon that verdict, were correct. Durham v. Winn-Dixie Stores, 215 Ga. App. 209, 450 S.E.2d 257 (1994).

Exclusions from record not permitted.

- While the statutory scheme under O.C.G.A. § 5-6-43(a) contemplates requests by the appellee to include portions of the record that the appellant has designated for exclusion, the statute does not authorize the appellee to request exclusion of items the appellant desires to include. McHugh Fuller Law Group, PLLC v. PruittHealth-Toccoa, LLC, 297 Ga. 94, 772 S.E.2d 660 (2015).

Trial court erred in ordering the trial court clerk to omit from the appellate record all submissions filed after entry of the permanent injunction because the statutory scheme presumes that a complete record will be transmitted to the appellate court unless the appellant specifically requests otherwise. McHugh Fuller Law Group, PLLC v. PruittHealth-Toccoa, LLC, 297 Ga. 94, 772 S.E.2d 660 (2015).

Court of Appeals lacks jurisdiction to review jury verdicts.

- When there is only an appeal from a jury verdict, and no description of an appealable judgment or order, there is nothing to review, and the Court of Appeals has no jurisdiction since the appellate court is a court for corrections of errors of law alone. Interstate Fire Ins. Co. v. Chattam, 222 Ga. 436, 150 S.E.2d 618, answer conformed to, 114 Ga. App. 332, 151 S.E.2d 486 (1966).

Trial court is not deprived of jurisdiction because appellant fails to serve notice of appeal on appellee as required. Bull v. Bull, 243 Ga. 72, 252 S.E.2d 494 (1979).

When third-party defendant not harmed by failure of service.

- Appeal shall not be dismissed when counsel for a third-party defendant appeared in court and argued the merits of the third party's claim both orally and by brief, it appears that the third-party defendant was not harmed by failure of service, and there is no ground to dismiss the appeal. Petroleum Carrier Corp. v. Jones, 127 Ga. App. 676, 194 S.E.2d 670 (1972).

Transmittal of portion of record.

- Appellant may choose to have only a portion of a record transmitted to the Court of Appeals, but this does not relieve the appellant from the obligation to demonstrate error by the record. Jordan v. Johnson, 223 Ga. App. 875, 479 S.E.2d 175 (1996).

Trial court erred in dismissing the appeal filed by the appellant for failure to timely file a transcript for inclusion in the record on appeal because the appellant's failure to file a transcript could not be deemed to have caused an unreasonable delay as the appellant's notice of appeal did not designate a transcript for inclusion in the appellate record, and the choice of whether to include a transcript in the appellate record was left to the appellant; thus, the trial court abused the court's discretion in dismissing the appellant's notice of appeal. Hill v. Bd. of Regents of the Univ. of Ga., Ga. App. , 816 S.E.2d 296 (2018).

Delay in filing of transcript is not necessarily cause for dismissal.

- Delay in filing of transcript, if it does not delay docketing and hearing of case in appellate court, is not cause for dismissal. AMOCO v. McCluskey, 116 Ga. App. 706, 158 S.E.2d 431 (1967), rev'd on other grounds, 224 Ga. 253, 161 S.E.2d 271 (1968).

Because there was no evidence that an 11-day delay in the filing of a transcript for transmission as part of the appellate record discernibly delayed the docketing of the record in the appellate court, the trial court abused the court's discretion by concluding that the delay was unreasonable, and erred by dismissing an appeal. Fulton County Bd. of Tax Assessors v. Love, 289 Ga. App. 252, 656 S.E.2d 576 (2008).

Delay caused by clerk of court.

- The Constitution forbids dismissal of any case when delay is attributable to clerk of court rather than to counsel. AMOCO v. McCluskey, 116 Ga. App. 706, 158 S.E.2d 431 (1967), rev'd on other grounds, 224 Ga. 253, 161 S.E.2d 271 (1968).

Erroneous filing with Supreme Court.

- Application for discretionary appeal erroneously filed with the Supreme Court was not required to be dismissed as untimely, but could be transferred to the Court of Appeals. Smith v. Department of Human Resources, 226 Ga. App. 491, 487 S.E.2d 94 (1997).

Supersedeas not enforceable.

- Issue of whether judgment debtor received adequate notice of the sheriff's sale was not preserved for the appellate court's review, as the judgment debtor did not seek to set aside the supersedeas bond order or the sheriff's sale. Wilson v. 72 Riverside Invs., LLC, 277 Ga. App. 312, 626 S.E.2d 521 (2006).

Cited in Mobley v. State, 221 Ga. 716, 146 S.E.2d 735 (1966); Taylor v. Haygood, 113 Ga. App. 30, 147 S.E.2d 48 (1966); Chambliss v. Hall, 113 Ga. App. 96, 147 S.E.2d 334 (1966); Birdwell v. Pippen, 113 Ga. App. 202, 147 S.E.2d 673 (1966); Peak v. Cody, 113 Ga. App. 674, 149 S.E.2d 519 (1966); Ekbery v. Bollenbach, 114 Ga. App. 562, 152 S.E.2d 8 (1966); Daniel v. Daniel, 222 Ga. 861, 152 S.E.2d 873 (1967); Scarborough v. Martha White Mills of Ga., Inc., 115 Ga. App. 737, 155 S.E.2d 818 (1967); Ward v. Ward, 115 Ga. App. 778, 156 S.E.2d 210 (1967); Byrd v. Moore Ford Co., 116 Ga. App. 292, 157 S.E.2d 41 (1967); Wilbanks v. State, 116 Ga. App. 698, 158 S.E.2d 274 (1967); Aetna Life Ins. Co. v. Greene, 116 Ga. App. 783, 159 S.E.2d 87 (1967); Steadham v. State, 224 Ga. 78, 159 S.E.2d 397 (1968); Hoover v. State Hwy. Dep't, 117 Ga. App. 619, 161 S.E.2d 371 (1968); McKinney v. Schaefer, 117 Ga. App. 595, 161 S.E.2d 446 (1968); Bradford v. Lindsey Chevrolet Co., 117 Ga. App. 781, 161 S.E.2d 904 (1968); Insurance Co. of N. Am. v. Jewel, 118 Ga. App. 599, 164 S.E.2d 846 (1968); Dowling v. State, 120 Ga. App. 810, 172 S.E.2d 190 (1969); Hicks v. State, 121 Ga. App. 52, 172 S.E.2d 453 (1970); Stewart v. Church, 121 Ga. App. 783, 175 S.E.2d 46 (1970); G.E.C. Corp. v. Southern Fabricators, Inc., 122 Ga. App. 452, 177 S.E.2d 497 (1970); Ellison v. Labor Pool of Am., Inc., 228 Ga. 147, 184 S.E.2d 572 (1971); Housing Auth. v. Marbut Co., 229 Ga. 403, 191 S.E.2d 785 (1972); Petroleum Carrier Corp. v. Jones, 127 Ga. App. 676, 194 S.E.2d 670 (1972); Smith v. Rothstein, 131 Ga. App. 632, 206 S.E.2d 592 (1974); Burger v. Burgess, 234 Ga. 388, 216 S.E.2d 294 (1975); Hughes Motor Co. v. First Nat'l Bank, 136 Ga. App. 295, 220 S.E.2d 782 (1975); Dargan, Whitington & Conner, Inc. v. Kitchen, 138 Ga. App. 414, 226 S.E.2d 482 (1976); Maheia v. Weeks, 144 Ga. App. 199, 240 S.E.2d 752 (1977); Associate Architects, Inc. v. Holland, 145 Ga. App. 210, 243 S.E.2d 573 (1978); Justice v. Dunbar, 241 Ga. 327, 245 S.E.2d 286 (1978); Garrett v. Heisler, 149 Ga. App. 240, 253 S.E.2d 863 (1979); Hardy v. Georgia Power Co., 151 Ga. App. 803, 261 S.E.2d 749 (1979); Hughes v. Newell, 152 Ga. App. 618, 263 S.E.2d 505 (1979); City of Atlanta v. Barton, 153 Ga. App. 426, 265 S.E.2d 345 (1980); In re Norris, 154 Ga. App. 173, 267 S.E.2d 788 (1980); Subsequent Injury Trust Fund v. Alterman Foods, Inc., 162 Ga. App. 428, 291 S.E.2d 758 (1982); Underwood v. State ex rel. Price, 164 Ga. App. 109, 296 S.E.2d 365 (1982); In re T.E.D., 169 Ga. App. 401, 312 S.E.2d 864 (1984); Smiway, Inc. v. DOT, 178 Ga. App. 414, 343 S.E.2d 497 (1986); Yates Paving & Grading Co. v. Waters, 181 Ga. App. 537, 352 S.E.2d 791 (1987); Jim Walter Homes, Inc. v. Strickland, 185 Ga. App. 306, 363 S.E.2d 834 (1987); Westmoreland v. State, 192 Ga. App. 173, 384 S.E.2d 249 (1989); McClure v. Gower, 259 Ga. 678, 385 S.E.2d 271 (1989); Ray v. Maxwell, 198 Ga. App. 849, 403 S.E.2d 442 (1991); Stephens v. State, 201 Ga. App. 737, 412 S.E.2d 568 (1991); McFarren v. State, 210 Ga. App. 889, 437 S.E.2d 869 (1993); Barton v. Barton, 216 Ga. App. 292, 454 S.E.2d 155 (1995); Adams v. State, 234 Ga. App. 696, 507 S.E.2d 538 (1998); Crown Diamond Co. v. N.Y. Diamond Corp., 242 Ga. App. 674, 530 S.E.2d 800 (2000); Holy Fellowship Church of God in Christ v. First Community Bank of Henry County, 242 Ga. App. 400, 530 S.E.2d 24 (2000); NF Invs., Inc. v. Whitfield, 245 Ga. App. 72, 537 S.E.2d 207 (2000); Cain v. State, 275 Ga. 784, 573 S.E.2d 46 (2002); In re Estate of Dasher, 259 Ga. App. 201, 575 S.E.2d 921 (2002); Moore v. Moore-McKinney, 297 Ga. App. 703, 678 S.E.2d 152 (2009); Burnett v. State, 309 Ga. App. 422, 710 S.E.2d 624 (2011); Islamkhan v. Khan, 299 Ga. 548, 787 S.E.2d 731 (2016); Winfrey v. State, 340 Ga. App. 344, 795 S.E.2d 752 (2017); Undisclosed LLC v. State, 302 Ga. 418, 807 S.E.2d 393 (2017); ASMC, LLC v. Northside Hosp., Inc., 344 Ga. App. 576, 810 S.E.2d 663 (2018); Peterson v. Peterson, 303 Ga. 211, 811 S.E.2d 309 (2018).

Burden is upon party desiring to take appeal to file timely notice of appeal.

- Burden is on party desiring to take appeal to determine when judgment is filed in trial court, and to file notice of appeal within the 30-day period or within duly authorized extension of the 30-day period. Jordan v. Caldwell, 229 Ga. 343, 191 S.E.2d 530 (1972).

Because a litigant's appeal was untimely filed, despite evidence of mistaken delivery beyond the litigant's control, the superior court properly held that the court lacked discretion to find otherwise as the burden to timely file an appeal could not be relieved by providential cause and excusable neglect; thus, the court did not err in dismissing the appeal. Register v. Elliott, 285 Ga. App. 741, 647 S.E.2d 406 (2007).

Filing of notice of appeal constitutes entering an appeal. Gibson v. Hodges, 221 Ga. 779, 147 S.E.2d 329 (1966), overruled on other grounds, Gillen v. Bostick, 234 Ga. 308, 215 S.E.2d 676 (1975).

Although notice of appeal is dated prior to entry of judgment intended to be appealed from, it is the filing of notice of appeal which constitutes entering an appeal. Anthony v. Anthony, 120 Ga. App. 261, 170 S.E.2d 273 (1969).

Motion for out-of-time appeal properly denied.

- Trial court properly denied the defendant's motion for an out-of-time appeal, as such failed to show any meritorious ground, and the defendant's failure to timely file an appeal did not result from the ineffective assistance of trial counsel, as it was apparent from the transcript of the plea hearing that the issues sought to be raised in the out-of-time appeal completely lacked merit. Hicks v. State, 281 Ga. 836, 642 S.E.2d 31 (2007).

Certificate of clerk is best evidence.

- Certificate of clerk, entered upon paper at time of filing, is best evidence of filing as required by section. Bailey v. Bonaparte, 125 Ga. App. 512, 188 S.E.2d 119 (1972).

Request to file out-of-time appeal construed as habeas motion.

- Construing the defendant's request for an out-of-time appeal from a 1995 resentencing on various convictions as one seeking habeas corpus relief, and in light of the language in O.C.G.A. § 9-14-43, the trial court's order denying the defendant relief on jurisdictional grounds was reversed, and the matter was remanded for the trial court to consider the defendant's motion as one for a writ of habeas corpus. Anderson v. State, 284 Ga. App. 776, 645 S.E.2d 362 (2007).

What constitutes filing within meaning of section.

- Bailey v. Bonaparte, 125 Ga. App. 512, 188 S.E.2d 119 (1972).

Appeal or notice of appeal filed other than when law directs.

- No other court has jurisdiction to accept or file an appeal, and the filing or attempted filing of the appeal in some other court does not and cannot toll the statutory time for filing the appeal. Bailey v. Bonaparte, 125 Ga. App. 512, 188 S.E.2d 119 (1972).

Editor's notes.

- In light of the similarity of the issues dealt with in the provisions, decisions under former Civil Code 1910, § 6176 and under former Code 1933, §§ 6-912, 6-1202, and 6-1304, as they read prior to revision by Ga. L. 1965, p. 18 are included in the annotations below.

Notice of appeal must specify appealable judgment from which appeal is entered, absent which appeal must be dismissed. Parish v. Georgia R.R. Bank & Trust Co., 115 Ga. App. 540, 154 S.E.2d 750 (1967); Ballew v. State, 225 Ga. 547, 170 S.E.2d 242 (1969); Bish v. State, 232 Ga. App. 121, 501 S.E.2d 283 (1998); Zachery v. State, 233 Ga. App. 519, 504 S.E.2d 466 (1998).

It is the duty of the appellate courts to inquire into the court's own jurisdiction and dismiss the appeal when an appealable judgment or order is not included in the notice of appeal. Interstate Fire Ins. Co. v. Chattam, 222 Ga. 436, 150 S.E.2d 618, answer conformed to, 114 Ga. App. 332, 151 S.E.2d 486 (1966).

Fact that appealable judgment is shown to exist, or that antecedent interlocutory ruling on motion would be reviewable when enumerated as error on proper designation of appealable judgment, does not cure fatal defect in notice of appeal arising from failure to appeal from such judgment. Ruth v. Kennedy, 117 Ga. App. 632, 161 S.E.2d 410 (1968).

Mere mention of judgment overruling motion to set aside verdict and judgment.

- Mere mention in a notice of appeal of a judgment overruling a motion to set aside verdict and judgment does not constitute appeal from the final judgment so as to satisfy the requirements of O.C.G.A. § 5-6-37. Omission in notice of appeal to designate any appealable judgment or order as ruling that entitles appellant to take appeal is fatal. Williams v. Keebler, 222 Ga. 437, 150 S.E.2d 674, answer conformed to, 114 Ga. App. 332, 151 S.E.2d 483 (1966).

Failure to state offense and punishment prescribed.

- Deficiencies in the defendant's notice of appeal, which did not state the offense and punishment prescribed, did not justify dismissal of the appeal when the notice did provide the specific case number, style, court, and date on which the final judgment appealed from was entered and information contained in the notice, considered in conjunction with even a cursory inspection of the record, would make clear the judgment appealed from, as well as the offense and punishment. Brumby v. State, 264 Ga. 215, 443 S.E.2d 613 (1994).

Statement that appeal is from jury verdict.

- When notice of appeal states that the notice is an appeal from a jury verdict, this section does not authorize appellate courts to a cause notice of appeal to be perfected by requiring an appeal to be amended to show an appeal from a judgment or to treat an appeal from verdict as substantial compliance with the statute. Interstate Fire Ins. Co. v. Chattam, 222 Ga. 436, 150 S.E.2d 618, answer conformed to, 114 Ga. App. 332, 151 S.E.2d 486 (1966).

Notice of appeal must specify date of order being appealed to avoid dismissal.

- When a notice of appeal does not correctly specify date of order being appealed, appeal must be dismissed as notice of appeal does not set forth a judgment, ruling, or order entitling the appellant to take an appeal within the requirements of section. Hardnett v. United States Fid. & Guar. Co., 116 Ga. App. 732, 158 S.E.2d 303 (1967).

Dismissal is proper where there is no judgment of date and description of that appealed from.

- When record discloses there is no judgment of the trial court of the date and description of that appealed from, the requirement of this section is not met. The omission is fatal and the appeal must be dismissed. Walker v. Walker, 222 Ga. 521, 150 S.E.2d 635 (1966); Bowers v. Gill, 222 Ga. 529, 150 S.E.2d 653 (1966).

When notice of appeal stated that appeal was from verdict and judgment dated February 15, and verdict was correctly dated but judgment was dated February 17, notice did not set forth a judgment, ruling, or order entitling the appellant to take an appeal, nor could there be an appeal from a verdict. Olson v. Austin Enters., Inc., 116 Ga. App. 197, 156 S.E.2d 655 (1967).

Transcript lacking and notice fails to specify whether it will be transmitted.

- When notice of appeal does not specify whether or not the transcript of evidence and proceedings is to be transmitted as part of the record on appeal as required by this section, and the record does not contain such transcript, the judgment of trial court must be affirmed. Beasley v. Lamb, 227 Ga. 266, 180 S.E.2d 240 (1971); Hageman v. State, 205 Ga. App. 644, 423 S.E.2d 56 (1992).

Appellants used ambiguous language in the appellants notice of appeal and did not include the statutory language suggested regarding whether or not a transcript was to be sent to the appellate court because, when the appellants filed the notice of appeal, there was a transcript of an earlier summary judgment hearing that was already on file, but the appellants had not filed a transcript of a second summary judgment hearing relevant to the appeal; and it was not clear from the appellants' notice of appeal whether the trial court clerk was to wait for the second transcript or send the record with only the transcript already on file. Webb's Erection, Inc. v. Colonial Pacific Leasing Corporation, 345 Ga. App. 202, 812 S.E.2d 602 (2018).

Evidence missing from notice of appeal.

- When some portion of the evidence upon which the superior court relied was omitted from the record on appeal, it is assumed that the judgment below is correct. Bennett v. Executive Benefits, Inc., 210 Ga. App. 429, 436 S.E.2d 544 (1993).

O.C.G.A. § 5-6-37 is designed to allow appellate courts to determine if the record before them contains the same evidence that was before the trial court at the time the trial court ruled. Since the discovery responses of the parties, which were filed before the motion for summary judgment, have been omitted based on the record designation in the notice of appeal and based on the absence of an affidavit and a deposition cited in the summary judgment documents, it is obvious that the party omitted material evidence from the record on appeal, and therefore it must be presumed that the superior court record properly supports the grant of summary judgment in favor of the defendants. Moulton v. Wood, 265 Ga. App. 389, 593 S.E.2d 911 (2004).

In an action for damages resulting from excavations on the adjoining landowner's property that impermissibly also removed soil from the landowner's property, the trial court did not err in granting the adjoining landowner's motion for summary judgment because the landowner omitted from the record some portion of the evidence upon which the trial court relied. Brock v. Daugherty, 346 Ga. App. 302, 816 S.E.2d 137 (2018).

When transcript of evidence to resolve enumerations of error not forwarded, judgment affirmed.

- When the record on appeal contains enumerations of error which can only be resolved by reference to the evidence, and the appellant instructed the clerk to transmit the entire record on appeal and to "omit nothing," but did not order any transcript of evidence to be filed, and, as a result, no transcript was forwarded, the appellate court must affirm the judgment of the trial court. Tempo Carpet Co. v. Collectible Classic Cars of Ga., Inc., 166 Ga. App. 564, 305 S.E.2d 26 (1983).

When the notice of appeal did not specify that a transcript of evidence and proceedings was to be transmitted as part of the record on appeal, although a portion of the argument and testimony was attached to the record, the Court of Appeals was required to rely on the presumption in favor of the regularity of all proceedings in a court of competent jurisdiction, assume that the evidence was sufficient to support the trial court's summary judgment, and affirm the judgment. Acker v. Jenkins, 178 Ga. App. 393, 343 S.E.2d 160 (1986).

In a suit by homeowners for breach of an exclusive listing contract, a statement in the notice of appeal that the "entire record" should be transmitted to the appellate court, was insufficient to ensure the transmittal of a trial transcript and did not meet the burden under O.C.G.A. § 5-6-37 to state whether or not any transcript of evidence and proceedings was to be transmitted as a part of the record on appeal. West v. Austin, 274 Ga. App. 729, 618 S.E.2d 662 (2005).

In an appeal of a criminal conviction, the appellate court chose to sua sponte reinstate the case to address the appellant's enumerations of error on the merits despite the failure to set forth in the notice of appeal the intention to rely upon a previously transmitted transcript because the court had not yet addressed the issue in a published opinion and used the case to place future appellants on notice that similar procedural errors may result in automatic affirmance of a trial court's decision. Holman v. State, 329 Ga. App. 393, 765 S.E.2d 614 (2014).

Failure to include trial court transcript.

- In a breach of contract and quantum meruit case, the appellate court affirmed the trial court's judgment in favor of the appellee because the appellant failed to comply with the requirements of O.C.G.A. § 5-6-37 by providing a trial court transcript, which made the appellate record incomplete and required the trial court judgment to be affirmed. Curry v. Miller, 328 Ga. App. 564, 763 S.E.2d 489 (2014).

Whene appellants choose to omit the transcript, and the transcript is necessary for a review of the claimed error, the appellants have failed to meet the appellants' burden of showing error. In such a case, the Court of Appeals will assume the evidence is sufficient and affirm. Hunnicutt v. Hunnicutt, 182 Ga. App. 578, 356 S.E.2d 679 (1987).

No abuse in considering untimely transcript of record.

- It was not an abuse of discretion for the appellate court to consider a transcript of the record which was filed after expiration of the statutory period, when the notice of appeal was timely filed and the late filing of the transcript did not cause unreasonable delay. Hill Aircraft & Leasing Corp. v. Planes, Inc., 169 Ga. App. 161, 312 S.E.2d 119 (1983).

Nothing in law prohibits addition of specification to transmit record by amendment. AMOCO v. McCluskey, 116 Ga. App. 706, 158 S.E.2d 431 (1967), rev'd on other grounds, 224 Ga. 253, 161 S.E.2d 271 (1968).

Failure to include the ruling on the motion for summary judgment in the notice of appeal is of no consequence. Childers v. Tauber, 160 Ga. App. 713, 288 S.E.2d 5 (1981).

When the appellant's notice of appeal states, in essential part, only the following: "Comes now defendant in the above styled cause, and files his Notice of Appeal to the Court of Appeals of Georgia," the notice of appeal does not satisfy the requirements of the Appellate Practice Act and, therefore, must be dismissed. Fredericks v. State, 168 Ga. App. 278, 308 S.E.2d 693 (1983).

Sufficiency of notice.

- Amended notice of appeal complied with the requirement of O.C.G.A. § 5-6-37 when an examination of the record clearly identified the judgment appealed from. In re Burton, 271 Ga. 491, 521 S.E.2d 568 (1999).

When it was apparent from the notice of appeal, the record, the enumeration of errors, or any combination of the foregoing, what judgment or judgments were appealed from or what errors were sought to be asserted upon appeal, the appeal was not subject to dismissal and shall be considered in accordance therewith. Carter v. Fayette County, 287 Ga. App. 175, 651 S.E.2d 108 (2007).

Failure to designate appealable judgment may be cured by amendment.

- Failure to designate an appealable judgment, ruling, or order in the notice of appeal as required by O.C.G.A. § 5-6-37 can be corrected by amendment in light of O.C.G.A. § 5-6-48. Blackwell v. Cantrell, 169 Ga. App. 795, 315 S.E.2d 29 (1984).

Failure to include dismissal of city as defendant.

- Because it is clear from the enumerations of error that plaintiffs sought to appeal from the trial court's dismissal of the city as a defendant, as well as the grant of summary judgment as to other defendants, the failure to include the dismissal of the city in the notice of appeal does not prevent the court's review of the matter. Rea v. Bunce, 179 Ga. App. 628, 347 S.E.2d 676 (1986), overruled on other grounds, Martin v. Department of Pub. Safety, 357 S.E.2d 569 (Ga. 1987), cert. denied, 484 U.S. 998, 108 S. Ct. 685, 98 L. Ed. 2d 638 (1988).

Notice of appeal must affirmatively and unequivocally show who parties are.

- Bill of exceptions (see O.C.G.A. §§ 5-6-49,5-6-50) should on its face affirmatively and unequivocally show who are parties thereto, and abbreviation "et al." when occurring in bill of exceptions after name of party therein designated, cannot be held to include any other person who figured as a party in the trial court. Lanier v. Bailey, 206 Ga. 161, 56 S.E.2d 515 (1949) (decided under former Code 1933, § 6-1202).

Designation of wrong appellate court.

- Although the defendant's notice of appeal designated the wrong appellate court, that error provided no basis for dismissing the appeal. Evans v. State, 235 Ga. App. 877, 510 S.E.2d 619 (1999).

Plaintiff in error need not name persons who were not parties below.

- Ordinarily, the plaintiff in error is not required to name any person as a party to a bill of exceptions (see O.C.G.A. §§ 5-6-49,5-6-50) who was not a party in the trial court. Lassiter v. Bank of Dawson, 191 Ga. 208, 11 S.E.2d 910 (1940) (decided under former Code 1933, § 6-912).

Omission of essential party from notice of appeal.

- When it appears from the record that parties to litigation in court below have not been made parties to appeal, the court is without jurisdiction to entertain an appeal and will dismiss the appeal. Malsby v. Shipp, 177 Ga. 54, 169 S.E. 308 (1933) (decided under former Civil Code 1910, § 6176).

When essential party is not made party in bill of exceptions (see O.C.G.A. §§ 5-6-49,5-6-50), nor served with copy thereof, appellate court is without jurisdiction to entertain bill of exceptions; and it is not only the party's right, but the party's duty to raise question on the party's own motion, and if found to be without jurisdiction to entertain bill of exceptions, to dismiss writ of error. Fitzgerald Cotton Mills v. Murray, 69 Ga. App. 694, 26 S.E.2d 492 (1943) (decided under former Code 1933, § 6-1202).

Denial of motion for reconsideration was not appealable order.

- First of two notices of appeals from an order denying a detainee habeas relief did not invoke the appellate court's jurisdiction as the denial of a motion for reconsideration of a final judgment was not subject to direct appeal. Ferguson v. Freeman, 282 Ga. 180, 646 S.E.2d 65 (2007).

Failure to name essential party may be cured by amendment.

- Failure to name an essential party as a defendant in error will not work dismissal of writ of error, when counsel of record for such party makes timely acknowledgment of service and plaintiff in error tenders amendment to bill of exceptions (see O.C.G.A. §§ 5-6-49,5-6-50) to make the plaintiff in error the party defendant in error. Howard v. Betts, 190 Ga. 530, 9 S.E.2d 742 (1940) (decided under former Code 1933, § 6-1304).

Change of evidentiary posture.

- Rule that the language of the last sentence of O.C.G.A. § 5-6-37 is all-inclusive and mandatory, with no exceptions provided, does not apply when the evidentiary posture of the case changes after the initial ruling of the appellate court. Navistar Int'l Transp. Corp. v. Ogletree, 199 Ga. App. 699, 405 S.E.2d 884 (1991).

All parties below are parties on appeal.

- Once a notice of appeal is timely filed, all parties to all proceedings in the lower court are parties on appeal, and may, subject to the rules governing practice before the Court of Appeals, participate in the appellate process. Marsden v. Southeastern Sash & Door Co., 193 Ga. App. 597, 388 S.E.2d 730 (1989).

Nonappealing trust beneficiaries who were parties to trial court orders at issue on appeal were properly designated as parties to the appeal. Morrow v. Vineville United Methodist Church, 227 Ga. App. 313, 489 S.E.2d 310 (1997).

Third-party defendant has status of appellee on appeal from summary judgment.

- When judgment rendered on motion for summary judgment in main case was against the defendant, nevertheless, the third-party defendant is an interested party and has such interest therein that the party has the status of an appellee in the main case, especially as the party was served with the appeal. Burroughs Corp. v. Outside Carpets, Inc., 127 Ga. App. 622, 194 S.E.2d 487 (1972).

Parent's right to appeal delinquency adjudication.

- As parties to their child's delinquency action pursuant to O.C.G.A. § 15-11-39(b), the child's parents had the right to appeal the juvenile court's judgment and to participate in the appellate process. In the Interest of J.L.B., 280 Ga. App. 556, 634 S.E.2d 514 (2006).

Standing to appeal adoption.

- Appellate court denied the adoptive parents' motion to dismiss the appeal filed by a blood relative because the relative was a party and had standing to appeal as the relative was served with a summons, the relative filed a response to their petition, and the trial court ordered the relative to undergo a psychological examination and submit to a home evaluation. Parker v. Stone, 333 Ga. App. 638, 773 S.E.2d 793 (2015).

Cross appeal.

- Appellee may institute a cross-appeal against a party other than an appellant. Centennial Ins. Co. v. Sandner, Inc., 259 Ga. 317, 380 S.E.2d 704 (1989).

Am. Jur. 2d.

- 5 Am. Jur. 2d, Appellate Review, §§ 292 et seq., 312.

2 Am. Jur. Pleading and Practice Forms, Appeal and Error, § 67.

C.J.S.

- 4 C.J.S., Appeal and Error, § 477 et seq., 491 et seq.

ALR.

- Filing of notice of appeal as affecting jurisdiction of state trial court to consider motion to vacate judgment, 5 A.L.R.5th 422.

Sufficiency of "designation" under Federal Appellate Procedure Rule 3(c) of judgment or order appealed from in civil cases by notice of appeal not specifically designating such judgment or order, 141 A.L.R. Fed 445.