Official Code of Georgia Annotated

Title 5. APPEAL AND ERROR · Chapter 3. SUPERIOR AND STATE COURT APPELLATE PRACTICE

5-3-4. Jurisdiction.

Active2 versions printed

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Effective July 1, 2026.In force today: Effective July 1, 2026.

(a)
Except as provided in subsection (b) of this Code section, the superior and state courts shall have appellate jurisdiction pursuant to this chapter over a final judgment of a lower judicatory.#
(b)
The superior courts shall not have appellate jurisdiction pursuant to this chapter over any state court. The state courts shall not have appellate jurisdiction pursuant to this chapter over any superior court. In addition, neither a superior court nor a state court shall have appellate jurisdiction pursuant to this chapter over the following courts or matters:#
1. (1)
  Juvenile courts;#
2. (2)
  The Municipal Court of Columbus;#
3. (3)
  The Civil Court of Macon-Bibb County;#
4. (4)
  The Civil Court of Richmond County;#
5. (5)
  The Georgia State-wide Business Court;#
6. (6)
  A civil case in an Article 6 probate court;#
7. (6.1)
  The Georgia Tax Court;#
8. (7)
  An order appointing a temporary administrator or any other order not appealable from a probate court subject to this chapter; and#
9. (8)
  Any other court from which an appeal directly to the Court of Appeals or the Supreme Court is authorized.#
(c)
Except as provided in subsection (g) of Code Section 5-3-17, this chapter shall preempt any local law or any locally enacted law, ordinance, regulation, rule, or procedure in conflict with this chapter governing an appeal of a final judgment to a reviewing court.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 5-3-4, enacted by Ga. L. 2022, p. 767, § 1-1/HB 916; Ga. L. 2024, p. 201, § 1/SB 450, effective April 22, 2024; Ga. L. 2024, p. 888, § 2-1/HB 1267, effective July 1, 2026.

Delayed effective date

Code Section 5-3-4 is set out twice in this Code. This version is effective July 1, 2026. For version effective until July 1, 2026, see the preceding version.

Amendments

The first 2024 amendment, effective April 22, 2024, added “or any other order not appealable from a probate court subject to this chapter” near the end of paragraph (b)(7). The second 2024 amendment, effective July 1, 2026, added paragraph (b)(6) (now (b)(6.1)) and redesignated paragraphs (b)(6), (b)(7), and (b)(8) as present paragraphs (b)(7) through (b)(9).

Editor's notes

Ga. L. 2024, p. 888, § 4-1(a)/HB 1267, not codified by the General Assembly, provides that the 2024 amendments to this Code section shall only become effective on July 1, 2026, upon the ratification of a resolution at the November, 2024, state-wide general election that amends the Constitution so as to authorize the General Assembly to provide by general law for the establishment of the Georgia Tax Court with state-wide jurisdiction. If such a resolution is not so ratified, then the amendments to this Code section shall not become effective and shall stand repealed on January 1, 2025. The constitutional amendment proposed in Ga. L. 2024, p. 1189, authorizing the establishment of the state-wide Georgia Tax Court, was approved by a majority of the qualified voters voting at the general election held on November 5, 2024.

Code Commission notes

Pursuant to Code Section 28-9-5, in 2024, paragraph (b)(6), as enacted by Ga. L. 2024, p. 888, § 2-1/HB 1267, was redesignated as paragraph (b)(6.1). Pursuant to Code Section 28-9-5, in 2025, the redesignation of paragraphs (b)(6), (b)(7), and (b)(8) as (b)(7) through (b)(9), respectively, as enacted by Ga. L. 2024, p. 888, § 2-1/HB 1267, were not implemented.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t4-6-(v4)-pdf.pdf, Volume V4, 2013 edition, 2025 supplement, pages 56 to 58; merge action: replaced; file SHA-256 9d1b53199f62.

Effective until July 1, 2026.No longer in force as printed (Effective until July 1, 2026.)

(a)
Except as provided in subsection (b) of this Code section, the superior and state courts shall have appellate jurisdiction pursuant to this chapter over a final judgment of a lower judicatory.#
(b)
The superior courts shall not have appellate jurisdiction pursuant to this chapter over any state court. The state courts shall not have appellate jurisdiction pursuant to this chapter over any superior court. In addition, neither a superior court nor a state court shall have appellate jurisdiction pursuant to this chapter over the following courts or matters:#
1. (1)
  Juvenile courts;#
2. (2)
  The Municipal Court of Columbus;#
3. (3)
  The Civil Court of Macon-Bibb County;#
4. (4)
  The Civil Court of Richmond County;#
5. (5)
  The Georgia State-wide Business Court;#
6. (6)
  A civil case in an Article 6 probate court;#
7. (7)
  An order appointing a temporary administrator or any other order not appealable from a probate court subject to this chapter; and#
8. (8)
  Any other court from which an appeal directly to the Court of Appeals or the Supreme Court is authorized.#
(c)
Except as provided in subsection (g) of Code Section 5-3-17, this chapter shall preempt any local law or any locally enacted law, ordinance, regulation, rule, or procedure in conflict with this chapter governing an appeal of a final judgment to a reviewing court.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 5-3-4, enacted by Ga. L. 2022, p. 767, § 1-1/HB 916; Ga. L. 2024, p. 201, § 1/SB 450, effective April 22, 2024.

Delayed effective date

Code Section 5-3-4 is set out twice in this Code. This version is effective until July 1, 2026. For version effective July 1, 2026, see the following version.

Amendments

The 2024 amendment, effective April 22, 2024, added “or any other order not appealable from a probate court subject to this chapter” near the end of paragraph (b)(7).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t4-6-(v4)-pdf.pdf, Volume V4, 2013 edition, 2025 supplement, page 56; merge action: replaced; file SHA-256 9d1b53199f62.

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