2021 Georgia Code
Title 5 - Appeal and Error
Chapter 6 - Certiorari and Appeals to Appellate Courts Generally
- For survey of 1995 Eleventh Circuit cases on trial practice and procedure, see 47 Mercer L. Rev. 907 (1996).
JUDICIAL DECISIONS
Findings or verdict not disturbed if supported by some evidence.
- Findings of a judge acting as a jury will not be disturbed if there is any evidence to support the judgment. Adams v. Crowell, 157 Ga. App. 576, 278 S.E.2d 151 (1981).
On appeal of the judgment of a trial judge sitting without a jury, a judgment will not be disturbed if there is any evidence to sustain the judgment. Collins v. Brayson Supply Co., 157 Ga. App. 438, 278 S.E.2d 87 (1981).
In the absence of legal error, an appellate court is without jurisdiction to interfere with a verdict supported by some evidence, even when the verdict may be against the preponderance of the evidence. Pembrook Mgt., Inc. v. Cossaboon, 157 Ga. App. 675, 278 S.E.2d 100 (1981).
Jury determines witness credibility and conflicts in evidence.
- It is the function of the jury, not the appellate court, to determine the credibility of witnesses and weigh any conflict in the evidence. Hudgins v. State, 159 Ga. App. 723, 285 S.E.2d 73 (1981).
Appellate court views evidence in light most favorable to the jury's verdict after the verdict has been rendered. Hudgins v. State, 159 Ga. App. 723, 285 S.E.2d 73 (1981).
Court of Appeals will not consider questions raised for first time on appeal. Mosley v. State, 157 Ga. App. 578, 278 S.E.2d 154 (1981).
Failure to renew objection.
- When the defendant initially objected to the introduction of the complained of evidence, the defendant's failure to renew the defendant's objection in the absence of an express waiver does not forbid consideration of the defendant's objection on appeal. Bryan v. State, 157 Ga. App. 635, 278 S.E.2d 177 (1981).
RESEARCH REFERENCES
ALR.
- Availability of remedies other than direct appeal from or error to federal court under provision of federal statute denying appeal or writ of error from decision remanding to state court case removed to federal court, 114 A.L.R. 1476.
Right of winning party to appeal from judgment granting him full relief sought, 69 A.L.R.2d 701.
Right to appellate review of consent judgment, 69 A.L.R.2d 755.
Appealability of order suspending imposition or execution of sentence, 51 A.L.R.4th 939.
