Georgia Appellate Practice Handbook - Alston & Bird LLP

GEORGIA APPELLATE PRACTICE HANDBOOK
of Appeals may apply it without a prior Supreme Court interpretation. 28 In addition, the Court of
Appeals has jurisdiction over appeals involving constitutional issues if the issue in question has
already been decided by the Supreme Court. 29
The Court of Appeals may hear appeals contending that the conduct of a trial deprived the
appellant of his constitutional rights, and it may hear cases involving constitutional issues if the
resolution of those issues is not necessary to decide the appeal, 30 or if the issues were not properly
raised in the trial court. 31 However, the Court of Appeals may not determine the constitutionality
of a state statute. 32
§ 2.4 Appealability of Judgments and Orders
There are two categories of appeals from fi nal judgments: (i) direct (provided for in
O.C.G.A. § 5-6-34(a)); and (ii) discretionary (provided for in O.C.G.A. § 5-6-35). Appeals from
non-fi nal judgments, termed interlocutory appeals, are provided for in O.C.G.A. § 5-6-34(b) and
are discussed in Sections 2.4.6 through 2.4.8. As the names imply, the appellate courts must hear
a direct appeal, while they may decline to hear discretionary appeals. Vastly different procedures
apply to the commencement of each appeal.
§ 2.4.1 Direct Appeals Generally
Direct appeals are initiated by fi ling a notice of appeal with the trial court. The appellant
need not obtain the trial court’s or the appellate court’s permission to pursue a direct appeal. Direct
appeals are permitted from most fi nal judgments (except those excluded by O.C.G.A. § 5-6-35(a),
which are discussed in Section 2.4.5) and from a limited number of statutorily-enumerated nonfi
nal judgments. 33 In a direct appeal, any other judgment, ruling, or order in the case that may affect
28 City of Decatur v. DeKalb Cnty., 284 Ga. 434, 437, 668 S.E.2d 247, 250 (2008); White v. Bd. of Comm’rs,
252 Ga. App. 120, 122 n.10, 555 S.E.2d 45, 48 n.10 (2001); Scott v. State, 157 Ga. App. 608, 608-09, 278
S.E.2d 49, 49-50 (1981).
29 Williams v. State, 273 Ga. 848, 848-49, 546 S.E.2d 522, 523 (2001).
30 Oswell v. State, 181 Ga. App. 35, 36, 351 S.E.2d 221, 222 (1986); Brown v. State, 16 Ga. App. 268, 268,
85 S.E. 262, 262 (1915).
31 Walker v. Hall, 226 Ga. 68, 69, 172 S.E.2d 411, 411-12 (1970).
32 GA. CONST. art. IV, § 6, 11(1); Burson v. State, 183 Ga. App. 647, 648, 359 S.E.2d 731, 732 (1987).
33 O.C.G.A. § 5-6-34(a).
- 22 -