---
title: Ga. Const. Art. VI, Sec. V, Para. III. Jurisdiction of Court of Appeals; decisions binding.
collection: code
id: ga-const:art-vi-sec-v-para-iii
cite_as: Ga. Const. Art. VI, Sec. V, Para. III
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date: 2016
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heading_path: CONSTITUTION OF THE / JUDICIAL BRANCH / COURT OF APPEALS
---

# Ga. Const. Art. VI, Sec. V, Para. III. Jurisdiction of Court of Appeals; decisions binding.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

The Court of Appeals shall be a court of review and shall exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law. The decisions of the Court of Appeals insofar as not in conflict with those of the Supreme Court shall bind all courts except the Supreme Court as precedents.

## Cross References

Court of Appeals generally, Ch. 3, T. 15.

## Law Reviews

For article, ‘‘Cities and Towns in Georgia: A Distinction With a Difference?,’’ see 14 Mercer L. Rev. 385 (1963). For article, ‘‘The Selection and Tenure of Judges,’’ see 2 Ga. St. B.J. 281 (1966). For article discussing the inefficiency of mandamus and impeachment as remedies for judicial inaction, see 5 Ga. St. B.J. 467 (1969). For article, ‘‘Researching Georgia Law,’’ see 34 Ga. St. U.L. Rev. 741 (2015).

For comment on Bond v. Ray, 207 Ga. 559, 63 S.E.2d 399 (1951), see 3 Mercer L. Rev. 220 (1951). For comment on Atlantic C.L.R.R. v. Godard, executrix, 211 Ga. 373, 86 S.E.2d 311 (1955), holding that where the Court of Appeals rules on all questions presented by the record except the one question which results in a three to three split the case is one which is properly brought to the Supreme Court, see 17 Ga. B.J. 500 (1955). For comment on Baggett Transp. Co. v. Barnes, 108 Ga. App. 68, 132 S.E.2d 229 (1963), see 26 Ga. B.J. 214 (1963). For comment on Tant v. State, 123 Ga. App. 760, 182 S.E.2d 502 (1971), advocating additional reform of Georgia’s system of appellate review of criminal cases, see 9 Ga. St. B.J. 490 (1973).

## 1976 Constitution.

Art. VI, Sec. II, Para. VIII.

## All Appellate Jurisdiction Not Spejurisdiction of Supreme Court.

Where allegations and prayers of the petition do not make a case which comes within the jurisdiction of Supreme Court, the Court of Appeals has jurisdiction of the writ of error and the case must be transferred. Bond v. Ray, 207 Ga. 559, 63 S.E.2d 399 (1951), commented on in 3 Mercer L. Rev. 220 (1951). peals within its exclusive jurisdiction is final and binding in that case. Saffold v. Mangum, 139 Ga. 119, 76 S.E. 858 (1912); Buck v. Duval, 139 Ga. 599, 77 S.E. 809 (1913).

Decisions of Supreme Court are precedents in other cases. Southern Bell Tel. & Tel. Co. v. Glawson, 140 Ga. 507, 79 S.E. 136 (1913); Holmes v. Southern Ry., 145 Ga. 172, 88 S.E. 924 (1916).

The decisions of the Supreme Court shall bind the Court of Appeals as precedents, and the Court of Appeals is not authorized by this paragraph to request a review by the Supreme Court of a decision rendered by the Supreme Court. Cargile v. State, 194 Ga. 20, 20 S.E.2d 416, answer conformed to, 67 Ga. App. 610, 21 S.E.2d 326 (1942) (see Ga. Const. 1983, Art. VI, Sec. V, Para. III).

The appellate court was not at liberty to overrule the established line of authority for the hearsay rule to which the Supreme Court of the state adhered. Day v. State, 235 Ga. App. 771, 510 S.E.2d 579 (1998).

Decisions of the Georgia Court of Appeals that were inconsistent with Georgia Supreme Court precedent

## Erroneous Decision of Court of Ap-were Not Binding.

Following the defendant’s conviction for attempted murder, there was no change in the law because McNair v. State, 293 Ga. 282 (2013) applying the rule of lenity when there was ambiguity between two felony punishments, was dictated by the Supreme Court’s own precedents. Contrary cases by the Georgia Court of Appeals were never binding precedents. Rollf v. Carter, 298 Ga. 557, No. S15A1505, 2016 Ga. LEXIS 195 (2016).

Supreme Court decisions need not

## Be Unanimous.

As to the Court of Appeals, a Supreme Court decision is a binding precedent even though not unanimous. Life Ins. Co. v. Lawler, 211 Ga. 246, 85 S.E.2d 1 (1954).

A decision rendered by a divided Supreme Court is authoritative as a precedent, and, although a decision of the Supreme Court may have been rendered by a divided court, the Court of Appeals is nevertheless bound thereby. Western & Atl. R.R. v. Michael, 43 Ga. App. 703, 160 S.E. 93 (1931).

Effect of Court of Appeals’ opinions

## On Trial Court.

A trial court, regardless of its good intentions, cannot decide to disregard the opinions of the Court of Appeals. Eastgate Assocs. v. Piggly Wiggly S., Inc., 200 Ga. App. 872, 410 S.E.2d 129, cert. denied, 200 Ga. App. 896, 410 S.E.2d 129 (1991).

Where the opinion of the Court of Appeals was not appealed by either party, the holdings therein were binding on the trial court. Jackson v. Beech Aircraft Corp., 217 Ga. App. 498, 458 S.E.2d 377 (1995).

Argument of reliance on precedent

## Without Merit.

There was no merit in contention of insurer that a policy should be construed in accordance with named earlier decisions of the Court of Appeals relating to similar policies, upon the theory that, in the absence of any other pertinent decision at the time, the parties in issuing and accepting the instant policy presumably relied upon those decisions as to how it should be construed. Mutual Life Ins. Co. v. Barron, 198 Ga. 1, 30 S.E.2d 879 (1944). visory opinion as such, although in many cases where the principal question decided leaves the case for further treatment in the lower court, instructions are often given for the guidance of the lower court and counsel for the parties. Harmon v. Southern Ry., 123 Ga. App. 309, 180 S.E.2d 604 (1971).

Court of Appeals has the power to entertain a petition for mandamus or prohibition in order to enforce its judgments. Raybestos-Manhattan, Inc. v. Moran, 248 Ga. 461, 284 S.E.2d 256 (1981).

Court of Appeals without power to require lower court judge to issue writ returnable before the judge for

## Court of Appeals Cannot Render Adtrial.

While the Supreme Court may aid a party by the writ of mandamus to bring to it the party’s case from the lower court, as by issuing the writ to compel the judge to certify a bill of exceptions or to require the proper officers to perform their legal duties in reference to such proceeding, it is without any power or jurisdiction to require the judge of the lower court to issue a writ returnable before the judge for the purpose of trial. This rule is equally applicable to the Court of Appeals. McPhail v. Bagley, 96 Ga. App. 179, 99 S.E.2d 500 (1957).


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