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Georgia State Court appeal to Superior Court - service of process deadline?
Anonymous2 views2 answers
I lost a case in a Georgia State Court and have filed my appeal to the Superior Court. What is the deadline to perfect service of process of the appeal? Since I already filed and served a notice of appeal, can I serve the appeal the same way that I served my other State Court pleadings?
You need an attorney because it is apparent that you do not have a handle on this matter. There is no appeal from the State Court to the Superior Court. If you have a decision in a magistrate court, you may seek a de novo trial in either the State or Superior Court. After that, you must appeal to the Court of Appeals of Georgia.
In Georgia, appeals cannot be taken from state court to superior court. (Appeals can be taken from magistrate court to superior court.) Appeals from state court decisions must either be taken to the Court of Appeals or the Supreme Court of Georgia, depending on the subject of the appeal. Generally, appeals in garnishment cases must be appealed to the Court of Appeals. Also, garnishment cases cannot be appealed directly -- the appellant must file an application for discretionary appeal. You really need a lawyer to help you here. Garnishment law generally and appellate procedure in garnishment cases are both legally complex. Contact a lawyer that specializes in appeals and/or garnishment work to help you.
