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What is the procedure to file an appeal from a decision of…

Customer Question
What is the procedure...

What is the procedure to file an appeal from a decision of the probate court in Georgia and how long do I have to file the appeal from the time the court order is signed?

Lawyer's Assistant: What is the order or judgment being appealed? When was it issued?

It is regarding an Estate. The order has not yet been signed or issued. There was a hearing on July 20th, which I intend to appeal (already know decision will not be favorable.)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, what should I include in the appeal and should it be filed in the Superior Court or in the Georgia Court of Appeals?

Submitted: 8 months ago.Category: Family Law
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Answered in 18 minutes by:
8/5/2017
Family Lawyer: RayAnswers, Lawyer replied 8 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 46,334
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 8 months ago

2010 Georgia Code
TITLE 5 - APPEAL AND ERROR
CHAPTER 3 - APPEALS TO SUPERIOR OR STATE COURT
ARTICLE 2 - PROCEDURE
§ 5-3-21 - Notice of appeal; form; service

O.C.G.A. 5-3-21 (2010)
5-3-21. Notice of appeal; form; service

(a) An appeal to the superior court may be taken by filing a notice of appeal with the court, agency, or other tribunal appealed from. No particular form shall be necessary for the notice of appeal, but the following is suggested:

(NAME OF INFERIOR JUDICATORY)

STATE OF GEORGIA

)

)

v. ) (Case number

) designation)

)

)

APPEAL TO SUPERIOR COURT

Notice is hereby given that , appellant herein, and

, above-named, hereby appeals to the Superior

(plaintiff, defendant, etc.)

Court of County from the judgment (or order, decision, etc.)
entered herein on (date) , .

Dated: .

Attorney For

Appellant

Address

(b) A copy of the notice of appeal shall be served on all parties in the same manner prescribed by Code Section 5-6-32. Failure to perfect service on any party shall not work dismissal, but the superior court shall grant continuances and enter such other orders as may be necessary to permit a just and expeditious determination of the appeal.

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Family Lawyer: RayAnswers, Lawyer replied 8 months ago

A notice of appeal must be

filed with the clerk of the trial court within 30 days after the

trial court enters an appealable decision or judgment

or within 10 days after the appellate court

grants an interlocutory or discretionary appeal.

In a dispossessory action, however, the notice

of appeal must be filed within seven days after entry of judgment.

The Georgia Code expressly defines “entry of judgment” to be the filing of a signed judgment with the clerk of court.

Early notices are valid; late ones are not. When a notice of appeal is

filed before judgment is formally entered, the notice lies dormant until judgment is entered and then becomes immediately

effective. However, when a notice is filed after the generally applicable 10- or 30-day window has

expired, the appeal will be dismissed.

page 65 here

https://www.alston.com/-/media/files/insights/publications/2012/12/igeorgia-appellate-practice-handbooki-7th-ed-2012/files/georgia-appellate-practice-handbook-7th-edition/fileattachment/appellatehandbook1.pdf

This is a great reference which will help you with your appeal.

Thanks again and thanks for rating 5 stars.

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