Georgia Practice & Procedure

Magistrate, Probate, Juvenile, State, Superior (ct of general jdx)
(MMPJSS)

159.
Every county has 1 Superior, 1 Magistrate, 1 Probate, and 1 Juvenile Court.  
Counties with larger populations have a State Court. There are currently 72 such state courts.
There are 397 Municipal Courts in GA.

Constitutional issues, election contests, divorce, alimony, equity, title to land, capital felonies, habeas corpus, wills (validity and construction of)

Legislature-  GA Constitution of 1983 grants it the authority to create rules of practice and procedure for the trial courts (unlike in Federal practice, where the Rules Enabling Act gives the authority to the U.S. S.Ct to create such rules for the Federal courts).
GA S. Ct-  GA Constitution of 1983 grants it authority to create Uniform Court Rules for the trial courts. So far, it has exercised this power by making the Uniform Rules for Superior Courts, and Uniform Rules for State Courts, both in 1985.
The Sup. Ct also has inherent authority to create rules for itself, though the express power was taken out of the 1983 Constitution; see Shore v. Shore, in which the Supreme Ct expressly declared it was exercising this authority when it chose to enter judgment in a case at the end of its term in opposition to an O.C.G.A. rule disallowing the S. Ct from rendering judgment in any case in the last 15 days of any term.

Assignment of cases to judgesAppearance and withdrawal of attorneysDeadlines for discoveryPre-trial conferencesScheduling civil jury trials

1. GA Constitution2. Statutes (CPA, O.C.G.A.)3. Uniform Court Rules        (these can deviate from, but cannot be inconsistent with,    any statute)4. Local Rules (including those the Supreme Court makes for itself according to its inherent power)

1. Final judgments/orders that are directly appealable. 5-6-34(a)(1)
2. Non-final/ interlocutory orders/rulings that, by statute, are directly appealable. 5-6-34(a)(2)-(8) 
3. Non-final orders/rulings that are appealable only with permission from both the trial court and the appellate court. 5-6-34(b)

(a)(1)): All final judgments; that is, where the case is no longer pending in the court below, except as provided in 5-6-35
5-6-35: Cases requiring application for appeal. [EH divided these into groups that made sense, so they are not in order]Must get permission when appealing:
My heading: Family decisions1)Judgments/orders in divorce, alimony, domestic relations cases (Note: child custody cases are not included here, and instead are directly appealable under 34(a)). See p.52 n.2.2)Orders terminating parental rights.3)Orders granting/denying temporary restraining orders
My heading: Evictions, probation, debt (ppl who can't get their shit together)4) Orders revoking probation5) Distress or dispossessory warrants (evictions) where rent due is the only issue and such amt is $25K or less.6) Cases involving garnishment or attachment
My heading: Procedural decisions7) All actions for damages in which the judgment is $10K or less8) Denial of an extraordinary mtn for new trial9) Denial of mtn to set aside a judgment (law/equity)10) Awards of atty's fees or litigation expenses
My heading: Appeals of appeals11) Superior Ct decisions reviewing decisions of administrative agencies (Bd of Education, etc)
12) State court decisions reviewing decisions of magistrate courts de novo, as long as the subject matter is not subject to a right of direct appeal 

The Supreme Ct hears cases dealing with the meaning of constitutional provisions.
      --ex) What does the word "excessive" mean in the Excessive Fines Clause of the constitution? Supreme Ct has exclusive appellate jdx to rule on this, as long as the issue was raised in the trial court.
       **Prerequisite for S Ct to exercise its exclusive jdx over such issues is that the constitutional issue must have been raised in and ruled upon in the trial court below. p.17

The Ct of Appeals hears cases involving the application of constitutional provisions to a given set of facts. Such cases do not and may not involve the construction of any constitutional provision under question.
      -- ex) A party seeking to raise on appeal that the award of punitive damages is excessive: this should go to Ct of Appeals, which will apply settled case law on the "Excessive Fines Clause" of the GA Constitution. p.16
        *If the constitutional issue was not raised at trial, so that the Supreme ct cannot hear it, the Ct of Appeals also cannot hear it if it deals with the construction of a constitutional provision which is a case of first impression-- this is because the Ct of Appeals only has jdx to rule on applying settled provisions, and NOT over interpreting new ones. p.17

It is NOT enough that the form of relief sought or the type of defense raised in the answer are equitable.
An equity case, for purposes of appellate jdx, is one:"in which a substantive issue on appeal involves the legality or propriety of equitable relief sought" in the court below. 
---But, "cases in which the grant or denial of equitable relief was merely ancillary to the underlying issues of law, or would have been a matter of routine once the underlying issues were resolved, are NOT equity cases."
ex) P seeks equitable remedy of specific performance in a breach of K action. The underlying issue is the K claim, which must be resolved before relief may be granted (a "matter of routine"). Therefore, this case is not an "equity case" and would not be appealable to the Supreme Ct.
"Whether an action is an equity case for purposes of determining jdx on appeal depends upon the issue raised on appeal, not how the case is styled nor upon the kinds of relief" p.19
-->KEY is to look at the underlying issue on appeal- i.e., why was this case appealed?

Non-final orders appropriate for direct appeal, as provided by statute-- 5-6-34(a)(2)-(8):
"All judgments or orders..."2)  involving applications for discharge in bail and contempt cases
3) directing that an accounting be had
4) granting or refusing applications for interlocutory or final injunctions
5) granting or refusing applications for attachment against fraudulent debtors
6) Any ruling on a mtn which would be dispositive if granted with respect to a defense that the action is barred by 16-11-184 (LOOK UP)
7) granting or refusing mandamus or any other extraordinary remedy, except temporary restraining orders
8) refusing applications for dissolution of corporations 
9) sustaining mtns to dismiss a caveat to the probate of a will
10) those entered pursuant to 17-10-6.2(c) [Ct granting less than minimum sentencing in sexual offense cases], and
11) in child custody cases including, but not limited to: awarding/refusing to change child custody; holding/declining to hold persons in contempt of such custody orders.
ONE-LINERS to rember these:Bail, Contempt, Accounting, injunctions, Attachment, Dispositive, Mandamus, Corporations, Custody, Probate of wills
AABCCCD MIP

Non-final orders/rulings appealable only with permission of both the trial and appellate court. 
These issues are not directly appealable under 34(a), nor are they appealable as exceptions under 34(a)(2)-(11). 
Looks like this: Some type of non-final order has been entered in the case, and the affected litigant wants to take an immediate appeal on that issue, instead of waiting until final judgment is entered in the case.ex) Criminal D appealing the denial of his mtn to recuse himself.ex) HYPO: Non-GA res is sued under GA long-arm, then files motion to dismiss for lack of jdx. Trial Judge denies mtn to dismiss. What box does this fit into? 3rd box. 5-6-43(b), interlocutory appeal.
Situation is dealt with in 5-6-34(b). Procedure for taking an immediate appeal of a non-final order (interlocutory appeal):1. Petition the Trial Ct, get a certificate if they give permission (Ellington calls this "certificate of importance")2. Petition the Appellate ct within 10 days of above3. Within 10 days of Appellate ct grant of permission, file notice of appeal with the Trial Ct
*What happens if you proceed as you would for a regular direct appeal, filing notice of appeal with T Ct and nothing else? You're cooked. No jdx for appeal. A "graveyard for cases."

1. Pick the appropriate "box" --> 
1) Final judgment: directly appealable2) Non-final, directly appealable as exceptions (a)(2)-(11)3) Non-final, appealable only with permission of both courts
2. THEN, determine if the subject matter of the judgment/ order is appealable only with permission of the appellate court under 5-6-35. *Must go through this final step no matter what "box" you're in. Acts as a filter (box lid)

Rule of thumb: If the order appealed from gets affirmed, will the case be over? If the case will not be over, then it's an interlocutory order and must be appealed accordingly.Ex) Denial of a mtn for SJ--> if affirmed, the case stays in--it is not over. Interlocutory appeal.
If the case would be over if affirmed, then it is a final judgment, subject to direct appeal (unless 5-6-35).

Pp.30-31 
1. Is it a final order? No, unless under 9-11-54(b) the trial ct has issued an express direction for the entry of judgment as to that claim.
2. If no such express direction, then the order is not considered final as to any of the parties, so it is not directly appealable without a certificate of review from both courts under 5-6-34(b), (Box #3)