Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of March 28, 2024 | Updated by Findlaw Staff
(a) The General Assembly finds that many appeals from a lower judicatory to a superior or state court result in dismissal on complex procedural grounds and not a decision on the merits.
(b) It is the intent of the General Assembly in enacting this chapter to:
(1) Provide a single, modern, and uniform procedure called a “petition for review” for appealing a decision made by a lower judicatory to a superior or state court, as authorized by the laws and the Constitution of this state;
(2) Increase access to justice through the greater resolution of appeals on the basis of substantive issues rather than on complex procedural grounds; and
(3) Retain the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter.
(c) Consistent with the laws and the Constitutions of Georgia and the United States, the courts shall:
(1) Construe the provisions of this chapter broadly so as to render decisions based on the merits of each case and avoid dismissal of any case or refusal to consider any points raised therein unless such dismissal or refusal is expressly required by statute;
(2) Construe any petition for review filed under this chapter according to its substance, merit, and function and not merely its style, form, or title; and
(3) Not construe this chapter to expand the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter.
Cite this article: FindLaw.com - Georgia Code Title 5. Appeal and Error § 5-3-2 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-5-appeal-and-error/ga-code-sect-5-3-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)