Appellate Jurisdiction of Court of Appeals

1. Law
2. Georgia Code
3. Courts
4. Court of Appeals
5. Appellate Jurisdiction of Court of Appeals

1. Pursuant to Article VI, Section VI, Paragraph III of the Constitution of this state, the Court of Appeals rather than the Supreme Court shall have appellate jurisdiction in the following classes of cases:
   1. Cases involving title to land;
   2. All equity cases, except those cases concerning proceedings in which a sentence of death was imposed or could be imposed and those cases concerning the execution of a sentence of death;
   3. All cases involving wills;
   4. All cases involving extraordinary remedies, except those cases concerning proceedings in which a sentence of death was imposed or could be imposed and those cases concerning the execution of a sentence of death;
   5. All divorce and alimony cases; and
   6. All other cases not reserved to the Supreme Court or conferred on other courts.
2. This Code section shall not otherwise affect the jurisdiction of the Supreme Court or the Court of Appeals.

(Code 1981, §15-3-3.1, enacted by Ga. L. 2016, p. 883, § 3-1/HB 927.)

Editor's notes.

- Ga. L. 2016, p. 883, § 1-1/HB 927, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Appellate Jurisdiction Reform Act of 2016.'"

Ga. L. 2016, p. 883, § 6-1(c)/HB 927, not codified by the General Assembly, provides that: "Part III of this Act shall become effective on January 1, 2017, and shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date."

Law reviews.

- For article on the 2016 enactment of this Code section, see 33 Georgia St. U.L. Rev. 205 (2016). For annual survey of wills, trusts, guardianships, and fiduciary administration, see 68 Mercer L. Rev. 321 (2016). For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018).

JUDICIAL DECISIONS

Supreme Court had jurisdiction over post conviction motion seeking transcript in murder case.

- Supreme Court of Georgia had jurisdiction over an appeal from a post-conviction motion seeking a transcript from a defendant's original murder case under Ga. Const. 1983, Art. VI, Sec. VI, Para. III(8), and the motion was not a motion in the nature of mandamus subject to the Court of Appeals' jurisdiction under O.C.G.A. § 15-3-3.1. Henderson v. State, 303 Ga. 241, 811 S.E.2d 388 (2018).

Jurisdiction in death penalty proceedings.

- Prisoner's appeal in a suit seeking records from the prisoner's criminal case, which was not filed under the criminal docket numbers but as a separate civil mandamus petition, was not within the Supreme Court of Georgia's murder jurisdiction under Ga. Const. 1983, Art. VI, Sec. VI, Para. III(8); however, it was within the court's jurisdiction over extraordinary remedies in death penalty proceedings under O.C.G.A. § 15-3-3.1(4). Still, the appeal was dismissed for failure to comply with O.C.G.A. § 42-12-8. Brock v. Hardman, 303 Ga. 729, 814 S.E.2d 736 (2018).

Cited in McCoy v. Bovee, 300 Ga. 759, 796 S.E.2d 679 (2017); Merch. Law Firm, P.C. v. Emerson, 301 Ga. 609, 800 S.E.2d 557 (2017); Ga. Ass'n of Prof'l Process Servers v. Jackson, 302 Ga. 309, 806 S.E.2d 550 (2017); Howard v. Howard, 302 Ga. 451, 807 S.E.2d 379 (2017); Faison v. Faison, 344 Ga. App. 600, 811 S.E.2d 431 (2018); Peterson v. Peterson, 303 Ga. 211, 811 S.E.2d 309 (2018); Wallace v. Wallace, 345 Ga. App. 764, 813 S.E.2d 428 (2018), cert. denied, No. S18C1329, 2019 Ga. LEXIS 42, cert. denied, No. S18C1332, 2019 Ga. LEXIS 48 (Ga. 2019), cert. denied, 2019 U.S. LEXIS 6165, 205 L. Ed. 2d 30 (U.S. 2019).

RESEARCH REFERENCES

Am. Jur. 2d.

- 4 Am. Jur. 2d, Appellate Review, § 75 et seq.

C.J.S.

- 4 C.J.S., Appeal and Error, § 46 et seq.

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