2021 Georgia Code
Title 15 - Courts
Chapter 9 - Probate Courts
Article 6 - Jury Trials and Appeals
§ 15-9-123. Appeal
- Either party to a civil case in the probate court shall have the right of appeal to the Supreme Court or the Court of Appeals from any decision made by the probate court, except an order appointing a temporary administrator or an order appointing an emergency guardian or emergency conservator, as provided by Chapter 6 of Title 5.
- The general laws and rules of appellate practice and procedure that are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals of civil cases from the probate courts.
(Code 1981, §15-9-123, enacted by Ga. L. 1986, p. 982, § 6; Ga. L. 2020, p. 377, § 2-20/HB 865.)
The 2020 amendment, effective January 1, 2021, inserted "from any decision made by the probate court, except an order appointing a temporary administrator or an order appointing an emergency guardian or emergency conservator" in the middle of subsection (a) and substituted "that" for "which" near the beginning of subsection (b).
OPINIONS OF THE ATTORNEY GENERAL
Appointment of emergency guardian pending appeal.
- Under O.C.G.A. § 29-5-11(d), the probate courts, which are authorized to hold jury trials under Ga. L. 1986, p. 982, will not be authorized to appoint an emergency guardian pending appeal. 1986 Op. Att'y Gen. No. U86-18.
Appeal of an order of emergency guardianship under O.C.G.A. § 29-5-11, which can be considered a "final order," will act as a supersedeas upon payment of the costs by the appellant. 1986 Op. Att'y Gen. No. U86-18.
