O.C.G.A. § 5-6-51 (2019)
Forms
The following suggested forms are declared to be sufficient, but any other form substantially complying therewith shall also be sufficient:
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(1) Notice of appeal - Civil cases. IN THE Plaintiffs v.
Defendants
COURT OF COUNTY STATE OF GEORGIA ) ) ) ) Civil action ) File no. ) ) ) NOTICE OF APPEAL Notice is hereby given that above-named, hereby appeal to the Appeals or Supreme Court) from the judgment) entered in this action on and , defendants (Court of (describe order or (date) , .
Motion for new trial (or motion for judgment n.o.v., etc.) was filed and overruled (or granted, etc.) on (date) , . The clerk will please omit the following from the record on appeal: 1. 2. 3. Transcript of evidence and proceedings will/will not be filed for inclusion in the record on appeal. This court, rather than the (Court of Appeals or Supreme Court) has jurisdiction of this case on appeal for the reason that . Dated:
. Attorney for appellants Address Page: 756 GA RV 13 RV 4(T4-6) - EP Date: 06/14/13 Time: 12:58:36 (CERTIFICATE OF SERVICE)
(2) Notice of appeal - Criminal cases. IN THE The State (etc.) v. Defendant
COURT OF COUNTY STATE OF GEORGIA ) ) ) ) (Indictment) ) (Accusation) ) No. ) ) NOTICE OF APPEAL Notice is hereby given that , defendant above-named, hereby appeals to the (Court of Appeals or Supreme Court) from the judgment of conviction and sentence entered herein on (date) , . The offense(s) for which defendant was convicted is (are) and the sentence(s) imposed is (are) as follows:
, .
Motion for new trial (or motion in arrest of judgment, etc.) was filed and overruled on (date) , . The clerk will please omit the following from the record on appeal: 1. 2. 3. Transcript of evidence and proceedings will/will not be filed for inclusion in the record on appeal. This court, rather than the (Court of Appeals or Supreme Court) has jurisdiction of this case on appeal for the reason that . Dated:
. Attorney for appellant Address (CERTIFICATE OF SERVICE)
(3) Notice of cross appeal.
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IN THE Plaintiffs v.
Defendants
COURT OF COUNTY STATE OF GEORGIA ) ) ) ) Civil action ) File no. ) ) ) NOTICE OF CROSS APPEAL Notice is hereby given that , one of the defendants above-named, hereby cross appeals to the (Court of Appeals or Supreme Court) from the (describe order or judgment) entered in this action on (date) , . Notice of appeal was heretofore filed on .
(date) , The clerk will please include the following in the record on appeal, all of which were designated for omission by appellant: 1. 2. 3. Transcript of evidence and proceedings (will be filed) (will not be filed) (has already been designated to be filed by appellant) for inclusion in the record on appeal. Dated:
. Attorney for cross appellant Address (CERTIFICATE OF SERVICE)
(4) Enumeration of errors. ENUMERATION OF ERRORS 1. The court erred in charging the jury on gross negligence. 2. The court erred in admitting the testimony of witness Smith concerning his opinion as to how the collision happened.
Page: 758 GA RV 13 RV 4(T4-6) - EP Date: 06/14/13 Time: 12:58:36 3. The court erred in refusing to grant a mistrial because of the misconduct of plaintiff’s attorney in oral argument. 4. The court erred in refusing to admit in evidence testimony of witness Jones concerning his estimate as to damages. 5. The court erred in denying defendant’s motion for continuance.
History
(Ga. L. 1965, p. 18, § 20; Ga. L. 1966, p. 493, §§ 8, 8A; Ga. L. 1973, p. 303, § 2; Ga. L. 1984, p. 22, § 5; Ga. L. 1999, p. 81, § 5.)
Annotations
Cross references. - Objection to failure to comply with Appellate Practice Act, Rules of the Supreme Court of the State of Georgia, Rule 20. Objections to records or transcripts, Rules of the Court of Appeals of the State of Georgia, Rule 47.
Code Commission notes. - The sentences in paragraphs (1) and (2) relating to motion for new trial or motion for judgment n.o.v. would be included only where such a motion was filed, for the purpose of showing that the time for appeal from the judgment complained of had
been automatically extended under Code Section 5-6-38.
Law reviews. - For article, ‘‘The Appellate Procedure Act of 1965,’’ (Art. 2, Ch. 6, T. 5), see 1 Ga. St. B.J. 451 (1965). For article, ‘‘1966 Amendments to the Appellate Procedure Act of 1965,’’ (Art. 2, Ch. 6, T. 5), see 2 Ga. St. B.J. 433 (1966). For article, ‘‘The 1967 Amendments to the Georgia Civil Practice Act (Ch. 11, T. 9), and the Appellate Procedure Act (Art. 2, Ch. 6, T. 5),’’ see 3 Ga. St. B.J. 383 (1967).
JUDICIAL DECISIONS ANALYSIS GENERAL CONSIDERATION ENUMERATION OF ERROR 1. FORM 2. CONTENT General Consideration
Enumeration of Error
Under this article, appeals are decided on their merits. MacDonald v. MacDonald, 156 Ga. App. 565, 275 S.E.2d 142 (1980). Cited in Mobley v. State, 221 Ga. 716, 146 S.E.2d 735 (1966); Interstate Fire Ins. Co. v. Chattam, 222 Ga. 436, 150 S.E.2d 618 (1966), answer conformed to, 114 Ga. App. 332, 151 S.E.2d 486 (1966); Hardnett v. United States Fid. & Guar. Co., 116 Ga. App. 732, 158 S.E.2d 303 (1967); Noble v. State Hwy. Dep’t, 117 Ga. App. 33, 159 S.E.2d 715 (1967); City of Atlanta v. Barton, 153 Ga. App. 426, 265 S.E.2d 345 (1980); Smiway, Inc. v. DOT, 178 Ga. App. 414, 343 S.E.2d 497 (1986).
1. Form Section sets out forms for enumerations of error and makes them sufficient without reasons given. Dawson v. Garner, 119 Ga. App. 469, 167 S.E.2d 741 (1969). Fact that notice of appeal is not in form suggested in section is immaterial for reason that section specifically provides that ‘‘any other form substantially complying therewith shall be sufficient.’’ Chambliss v. Hall, 113 Ga. App. 96, 147 S.E.2d 334 (1966). While enumerated errors are in proper form they may still be ruled
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insufficient or held not to be meritorious from record. MacDonald v. MacDonald, 156 Ga. App. 565, 275 S.E.2d 142 (1980). 2. Content Enumeration must identify subject matter of objection. - This section, although allowing enumerations of error in highly abbreviated notice form, at very least requires that subject of objection be identified. DeKalb County v. Fulton Nat’l Bank, 156 Ga. App. 253, 274 S.E.2d 649 (1980). Subject matter of objection need be indicated only in a general way. Pinyan v. Liberty Mut. Ins. Co., 113 Ga. App. 130, 147 S.E.2d 452 (1966); MacDonald v. MacDonald, 156 Ga. App. 565, 275 S.E.2d 142 (1980). Errors apparent from notice, record, enumeration or combination thereof. - Where it is apparent from the notice of appeal, the record, the enumerations of error, or any combination of the foregoing, what errors are sought to be asserted upon appeal, the appeal shall be considered notwithstanding that the enumerations of error fail to enumerate clearly the errors sought to be reviewed. Robinson v. State, 210 Ga. App. 278, 435 S.E.2d 718 (1993).
Where error enumerated is not intelligible in itself the brief must make it so, or court has nothing before it for decision. Pinyan v. Liberty Mut. Ins. Co., 113 Ga. App. 130, 147 S.E.2d 452 (1966); MacDonald v. MacDonald, 156 Ga. App. 565, 275 S.E.2d 142 (1980). Since subject matter need be indicated only in most general way, appellate court frequently cannot identify or pass upon contention which appellant seeks to urge as cause for reversal unless made intelligible in brief. Wall v. Rhodes, 112 Ga. App. 572, 145 S.E.2d 756 (1965). Hazy, yet conforming, enumeration suffices. - MacDonald v. MacDonald, 156 Ga. App. 565, 275 S.E.2d 142 (1980). Raising inadequacy of damages by enumerating general grounds of motion for new trial. - Although good practice would call for enumerating as error the inadequacy of jury’s verdict for damages, question of inadequacy is sufficiently raised for consideration by court where overruling of general grounds of a motion for new trial is enumerated as error, and question of inadequacy of verdict is presented and argued in briefs. Kirkman v. Miller, 116 Ga. App. 78, 156 S.E.2d 558 (1967).
RESEARCH REFERENCES Am. Jur. Pleading and Practice Forms. - 2 Am. Jur. Pleading and Practice Forms, Appeal and Error, §§ 67, 69. ALR. - Failure, due to fraud, duress, or misrepresentation by adverse party, to
file notice of appeal within prescribed time, 149 ALR 1261. Adequacy of defense counsel’s representation of criminal client regarding venue and recusation matters, 7 ALR4th 942.
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CHAPTER 7 APPEAL OR CERTIORARI BY STATE IN CRIMINAL CASES Sec.
(For effective date, see note.) Orders, decisions, or judgments appealable; defendant’s right to cross appeal. Right of state to direct appeal in certain delinquency cases [Repealed]. Certification required for immediate review of nonfinal orders, decisions, or judgments; exception; motion for new trial.
Law reviews. - For article, ‘‘The 1967 Amendments to the Georgia Civil Practice
Sec.
Right of certiorari. Time limits and procedures governing appeal and certiorari by state. Right of accused to bail; amount of bail reviewable by appellate court. Construction of chapter.
Act and the Appellate Procedure Act,’’ see 3 Ga. St. B.J. 383 (1967).
JUDICIAL DECISIONS Chapter strictly construed in allowing appeals. - In allowing appeals under any specific provision of this chapter, the statute must be strictly construed. State v. Watson, 143 Ga. App. 785, 240 S.E.2d 194 (1977).
Cited in State v. Gould, 232 Ga. 844, 209 S.E.2d 312 (1974); State v. Blosfield, 165 Ga. App. 111, 299 S.E.2d 588 (1983).
RESEARCH REFERENCES ALR. - Appealability of order suspending imposition or execution of sentence, 51 ALR4th 939.