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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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I want to file an appeal on a declaratory judgment case filed

Customer Question

I want to file an appeal on a declaratory judgment case filed in xyz, georgia with the superior court. Which court is this appeal supposed to be filed with?
Submitted: 5 years ago.
Category: Legal
Expert:  Tina replied 5 years ago.
Hello and welcome,

The notice of appeal is normally filed with the Superior Court. Then the clerk of that court transfers the file to the state Court of Appeals.

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Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 4 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

Ok is the court of appeals within the Supreme Court of Georgia?

If not, should a dj case be filed with the court of appeals and/or the Supreme Court of Georgia?

Expert:  Tina replied 5 years ago.
A dj case?
Customer: replied 5 years ago.
declaratory judgment case
Customer: replied 5 years ago.
Relist: Other.
misunderstood
Expert:  Law Educator, Esq. replied 5 years ago.
Please review the structure of the courts in GA, See: http://www.georgia.gov/00/channel_title/0,2094,4802_1361970,00.html

If your Declaratory judgment case was lost in the superior court, then you file a notice of appeal to the superior court and then you file your actual appeal first to the court of appeals. Then if the court of appeals rules against you, your final appeal is to the GA Supreme Court. This is the proper hierarchy of the court that you must follow and the previous expert was correct.
Customer: replied 5 years ago.

ok thanks. thats what we thought.

well the appeal was actually filed incorrectly with the supreme court who of course denied the case and now we know why

is there anything that can be done now?

Expert:  Law Educator, Esq. replied 5 years ago.
If you missed the deadline for filing in the court of appeals, even though you incorrectly filed in the Supreme Court, then your right to appeal is ended for not filing within the time allowed. Those parties choosing to represent themselves are imputed with the same knowledge as an attorney and they cannot use the excuse that they did not know and made a mistake because the court would hold it was their duty to know when they decided to represent themselves without counsel.
Customer: replied 5 years ago.

ok thanks

are there any exceptions or certain type cases that would go to the supreme court and skip the appeals court?

Expert:  Law Educator, Esq. replied 5 years ago.
No, the required order is through the appeals court.
Customer: replied 5 years ago.

one last question and im accepting all of them and appreciate your time

 

the attorney filed the appeal to the supreme court, not the appeals court. Shouldnt he have known the proper court to file this appeal with?

so there is nothing else I can do except wish I had hired a different attorney?

Expert:  Law Educator, Esq. replied 5 years ago.
If an attorney did this and did not file a proper appeal, then this is quite likely malpractice on the part of the attorney and you would have grounds to file a complaint for malpractice with the state bar and could also have a potential suit for malpractice if you can prove you had a likelihood of success of winning on appeal.