The following suggested forms are declared to be sufficient, but any other form substantially complying therewith shall also be sufficient:
(1) Notice of appeal - Civil cases.
IN THE __________ COURT OF __________ COUNTY
STATE OF GEORGIA
______________ ) Plaintiffs ) ) v. ) Civil action ) File no. ________ ) ______________ ) Defendants )
NOTICE OF APPEAL
Notice is hereby given that ________ and ________, defendants above-named, hereby appeal to the ______________ (Court of Appeals or Supreme Court) from the ________ (describe order or judgment) entered in this action on (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
(CERTIFICATE OF SERVICE)
(2) Notice of appeal - Criminal cases.
IN THE __________ COURT OF __________ COUNTY
STATE OF GEORGIA
_____________ ) The State (etc.) ) ) ) (Indictment) v. ) (Accusation) ) No. __________ _____________ ) Defendant )
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.
IN THE __________ COURT OF __________ COUNTY
STATE OF GEORGIA
____________ ) Plaintiffs ) ) v. ) Civil action ) File no. ______ ) ____________ ) Defendants )
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)
Enumeration of errors.
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 DECISIONSANALYSIS
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); State v. Brienza, 350 Ga. App. 672, 829 S.E.2d 894 (2019).
Enumeration of Error
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 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).
Language regarding whether or not transcript will be sent was ambiguous.
- 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).
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 REFERENCES2 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 A.L.R. 1261.
Adequacy of defense counsel's representation of criminal client regarding venue and recusation matters, 7 A.L.R.4th 942.
CHAPTER 7 APPEAL OR CERTIORARI BY STATE IN CRIMINAL CASESSec.
- For article, "The 1967 Amendments to the Georgia Civil Practice Act and the Appellate Procedure Act," see 3 Ga. St. B.J. 383 (1967). For note, "Give It to Me, I'm Worth It: The Need to Amend Georgia's Record Restriction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector," see 52 Ga. L. Rev. 267 (2017).
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 A.L.R.4th 939.