Copyright (c) 2005 Walter F. George School of Law, Mercer University
Mercer Law Review
ARTICLE: Appellate Practice and Procedure
57 Mercer L. Rev. 35
by Roland F. L. Hall*
This Article surveys noteworthy decisions addressing appellate practice and procedure handed down by the Georgia appellate courts from June 1, 2004 through May 31, 2005. The cases discussed fall into the following categories: (1) appellate jurisdiction; (2) preserving the record; (3) timeliness of appeal; and (4) miscellaneous cases of interest.
II. Appellate Jurisdiction
Several cases decided during the survey period addressed difficult issues of appellate jurisdiction concerning appeals from administrative proceedings. In City of Rincon v. Couch, 1 the appellant, City of Rincon ("City"), appealed the superior court order that enforced a consent order the City entered into with the Director of the Environmental Protection Division ("EPD") of the Georgia Department of Natural Resources. The City brought its appeal under Official Code of Georgia Annotated ("O.C.G.A.") section 5-6-35(a)(1), 2 casting the proceedings below as the superior court's review of an agency decision, which is subject to discretionary review. 3 The court of appeals disagreed and held that the appeal arose from proceedings under O.C.G.A. section 12-5-189, 4 which allows a superior court to confirm a final order of the Director of the EPD where such order has not been appealed or has been affirmed on appeal. 5 Because the City had not appealed the EPD's decision, the superior court's order affirming the consent order was correctly entered pursuant to O.C.G.A. section 12-5-189. 6 Thus, the City was limited to a direct appeal of the propriety of the superior court's order. 7 The City could not challenge ...
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