O.C.G.A.

O.C.G.A. § 50-27-77 (2019)

Appeal from superior court

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Appeal from any final judgment of the Superior Court of Fulton County may be taken by any party, including the corporation, in the manner provided for in civil actions generally.

History

Code 1981, § 48-17-8, enacted by Ga. L. 1992, p. 1521, § 3; Code 1981, § 50-27-77, as redesignated by Ga. L. 2013, p. 37, § 1-1/HB 487.

Annotations

Editor’s notes. - Ga. L. 2013, p. 37, § 3-1/HB 487, not codified by the General Assembly, provides, in part, that: ‘‘(b) If any section of this Act is determined to be unconstitutional by a final decision of an appellate court of competent jurisdiction or by the trial court of competent jurisdiction if no appeal is made, with the exception of subsection (g) of Code Section 50-27-78 and Section 2-1 of this Act, this Act shall stand repealed by operation of law.

‘‘(c) This Act is not intended to and shall not be construed to affect the legality of the repair, transport, possession, or use of otherwise prohibited gambling devices on maritime vessels within the jurisdiction of the State of Georgia. To the extent that such repair, transport, possession, or use was lawful prior to the enactment of this Act, it shall not be made illegal by this Act; and to the extent that such repair, transport, possession, or use was prohibited prior to the enactment of this Act, it shall remain prohibited.’’ As of May 2021, no such decision has been issued.

JUDICIAL DECISIONS Licensee could appeal directly under O.C.G.A. § 5-6-34. - Because O.C.G.A. § 50-27-4 provided that the Georgia Lottery Corporation (GLC) was not an agency of the state, a superior court order reviewing a decision of the GLC did not fall within the ambit of O.C.G.A. § 5-6-35(a)(1), requiring an application

for discretionary review of agency decisions; rather, a licensee of coin-operated amusement machines (COAM) could appeal directly under O.C.G.A. § 5-6-34(a). Amusement Leasing, Inc. v. Ga. Lottery Corp., 352 Ga. App. 243, 834 S.E.2d 330 (2019).

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: Amusement Leasing, Inc. v. Georgia Lottery Corp. (Ga. Ct. App. 2019).

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Amusement Leasing, Inc. v. Georgia Lottery Corp. (Ga. Ct. App. 2019). · cites it 2× “,3 and OCGA § 50-27-4 of the Education Act provides in relevant part: “There is created a body corporate and politic to be known as the Georgia Lottery Corporation which shall be deemed to be an instrumentality of the state, and not a state agency, and a public corporation.”4…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.