Practice Areas
 Appeals
There are two levels of courts in the State of Georgia: the trial courts and the appellate courts. All divorce, paternity, legitimation, and modification actions start in the Superior level of trial courts. Because judges are human, they sometimes make mistakes in these cases. However, just because a judge makes a mistake in your case, does not mean that you have no remedy. The decisions of the trial judges can be reviewed by the appellate courts: the Supreme Court of Georgia and the Court of Appeals of Georgia.
Each of the appellate courts has its own, unique set of rules and procedures governing which cases it will review as well as under what circumstances it will review them. Unlike any other area of civil litigation, parties in domestic relations cases must apply to these appellate courts for permission to appeal; there is no direct right of appeal. Notwithstanding, under a pilot project, the Supreme Court of Georgia is presently accepting non-frivolous appeals of domestic relations cases.
A party will not be able to appeal simply because he/she did not like the outcome of his/her trial. Typically, an error of law must be alleged. Examples of errors of law include, but are not limited to, a judge misapplying a particular statute, hearsay evidence being improperly admitted, or a court improperly exercising jurisdiction over another party. Of course, there are times when an appeal will lie simply because there was no, or insufficient, evidence presented at trial to sustain the court’s judgment.
In recent years, this office has had much success in its appellate practice, in which its attorneys have successfully argued cases before the Supreme Court of Georgia, including,
- Davis vs. LaBrec, 274 Ga. 5, 549 S.E.2d 76 (2001)
- Conrad vs. Conrad, 278 Ga. 107, 597 S.E.2d 369 (2004)
- Foster vs. Gidewon, 280 Ga. 21, 622 S.E.2d 357 (2005)
- Carlson vs. Carlson, S07F0048 (2007)
In addition, th is office has been successful before the Court of Appeals of Georgia as well, including
- LaBrec vs. Davis, 243 Ga.App. 307, 534 S.E.2d 84 (2000)
- Ramos vs. Perera, A03A2189 (2004) (not officially reported)
|
|
Getting help...
This summary is not intended to be exhaustive or complete. It is only intended to acquaint a prospective client with appeals in the Georgia appellate courts and the manner in which this office will handle your particular case. We will be more than happy to answer any specific questions regarding the facts and circumstances of your case.
Please contact us to schedule an appointment.
It is our policy to provide you with sufficient information so that you can make informed decisions regarding your case, and to then follow that with the best possible legal representation.
Your understanding of the matters contained in this summary will help assure that commitment.
|
