Can We Improve Georgia’s Enumeration of Errors Requirement?

Georgia Code Section 5-6-40 requires an appellant to file an enumeration of errors. In recent years, Georgia appeals courts have construed this requirement about as loosely as possible. An appellant can proceed without filing an enumeration at all; last week, … Continued

Effect of Bankruptcy Stay on a Pending Georgia Appeal

On August 26, the Georgia Court of Appeals remanded Boardman v. Brenninkmeijer, A14A1000, to be stayed due to the appellant’s filing of a bankruptcy petition. In doing so, the court overruled earlier cases allowing appeals to proceed, despite a bankruptcy … Continued

A Denial of a Motion for Reconsideration Isn’t Appealable

On July 31, the Court of Appeals dismissed the appeal in Corley v. Ocwen Loan Servicing, A14A1778, primarily because the order being appealed was in substance an order denying a motion for reconsideration. Such orders are “not subject to appellate … Continued

Calendar Dates

Georgia Supreme Court Clarifies Timing of Cross-Appeals

In Sewell v. Cancel, S13G1274 (June 2, 2014), the Georgia Supreme Court ruled that the appeals courts have jurisdiction “over a properly filed cross-appeal seeking review of an order entered after the filing of the original notice of appeal but … Continued