2021 Georgia Code
Title 5 - Appeal and Error
Chapter 6 - Certiorari and Appeals to Appellate Courts Generally
Article 2 - Appellate Practice
§ 5-6-33. Right of Appeal Generally

1. 1. Either party in any civil case and the defendant in any criminal proceeding in the superior, state, or city courts, or in the Georgia State-wide Business Court, may appeal from any sentence, judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers.
   2. Either party in any civil case in the probate courts provided for by Article 6 of Chapter 9 of Title 15 may appeal from any judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers.
2. This Code section shall not affect Chapter 7 of this title.

(Orig. Code 1863, § 4160; Code 1868, § 4192; Code 1873, § 4251; Ga. L. 1880-81, p. 123, § 1; Code 1882, § 4251; Ga. L. 1887, p. 41, § 1; Civil Code 1895, § 5527; Penal Code 1895, § 1070; Civil Code 1910, § 6139; Penal Code 1910, § 1097; Code 1933, § 6-901; Ga. L. 1965, p. 18, § 22; Ga. L. 1986, p. 982, § 5; Ga. L. 2019, p. 845, § 2-2/HB 239.)

The 2019 amendment, effective May 7, 2019, inserted ", or in the Georgia State-wide Business Court," in the middle of paragraph (a)(1).

- Appeals in habeas corpus cases, §§ 9-14-22,9-14-52.

Review of death sentences by Supreme Court, § 17-10-35 et seq.

Appeal to Court of Appeals or Supreme Court from final judgment of superior court pertaining to review of final decision of administrative agency, § 50-13-20.

- Pursuant to Code Section 28-9-5, in 1987, a comma was deleted following "city courts" in paragraph (a)(1).

- Ga. L. 1986, p. 982, § 25, not codified by the General Assembly, provided that that Act would apply to all cases filed on or after July 1, 1986.

- For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019).

ANALYSIS

• General Consideration
• When Appeal Lies
• Who May Appeal
• Criminal Proceedings

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Appellate Review, § 231 et seq.

- 4 C.J.S., Appeal and Error, § 237 et seq. 24 C.J.S., Criminal Law, §§ 2327, 2340 et seq.

- Right to appeal from order releasing one in extradition proceedings, 5 A.L.R. 1156.

Power of legislature to require appellate court to review evidence, 24 A.L.R. 1267; 33 A.L.R. 10.

Payment of fine, serving sentence, or discharge on habeas corpus, as waiver of right to review conviction, 74 A.L.R. 638.

Power of appellate court to reconsider its decision after mandate has issued, 84 A.L.R. 579.

Right of public officer or board to appeal from a judicial decision affecting his or its order or decision, 117 A.L.R. 216.

Acceptance of probation, parole, or suspension of sentence as waiver of error or right to appeal or to move for new trial, 117 A.L.R. 929.

Right of appeal in proceeding for restoration to competency, 122 A.L.R. 541.

Application for or acceptance of executive clemency as affecting appellate proceedings or motion for new trial, 138 A.L.R. 1162.

Exclusion of women from grand or trial jury panel in criminal case as violation of constitutional rights of accused or as ground for reversal of conviction, 9 A.L.R.2d 661, 70 A.L.R.5th 587.

Questions or legal theories affecting trust estates as subject to consideration on appeal though not raised below, 11 A.L.R.2d 317.

Appealability of order granting or denying right of intervention, 15 A.L.R.2d 336.

Appealability of order pertaining to pretrial examination, discovery, interrogatories, production of books and papers, or the like, 37 A.L.R.2d 586.

Reviewability, on appeal from final judgment, of interlocutory order, as affected by fact that order was separately appealable, 79 A.L.R.2d 1352.

Inattention of juror from sleepiness or other cause as ground for reversal or new trial, 88 A.L.R.2d 1275, 59 A.L.R.5th 1.

Judgment subject to appeal as entitled to full faith and credit, 2 A.L.R.3d 1384.

Validity and effect of criminal defendant's express waiver of right to appeal as part of negotiated plea agreement, 89 A.L.R.3d 864.

Appeal by state of order granting new trial in criminal case, 95 A.L.R.3d 596.

Right of municipal corporation to review of unfavorable decision in action or prosecution for violation of ordinance - modern status, 11 A.L.R.4th 399.