5-6-34 G
*** CODE SECTION *** 12/03/01
5-6-34.
(a) Appeals may be taken to the Supreme Court and the Court of
Appeals from the following judgments and rulings of the superior
courts, the constitutional city courts, and such other courts or
tribunals from which appeals are authorized by the Constitution and
laws of this state:
(1) All final judgments, that is to say, where the case is no
longer pending in the court below, except as provided in Code
Section 5-6-35;
(2) All judgments involving applications for discharge in bail
trover and contempt cases;
(3) All judgments or orders directing that an accounting be had;
(4) All judgments or orders granting or refusing applications for
receivers or for interlocutory or final injunctions;
(5) All judgments or orders granting or refusing applications for
attachment against fraudulent debtors;
(5.1) Any ruling on a motion which would be dispositive if granted
with respect to a defense that the action is barred by Code
Section 16-11-184;
(6) All judgments or orders granting or refusing to grant mandamus
or any other extraordinary remedy, except with respect to
temporary restraining orders;
(7) All judgments or orders refusing applications for dissolution
of corporations created by the superior courts; and
(8) All judgments or orders sustaining motions to dismiss a caveat
to the probate of a will.
(b) Where the trial judge in rendering an order, decision, or
judgment, not otherwise subject to direct appeal, certifies within
ten days of entry thereof that the order, decision, or judgment is
of such importance to the case that immediate review should be had,
the Supreme Court or the Court of Appeals may thereupon, in their
respective discretions, permit an appeal to be taken from the order,
decision, or judgment if application is made thereto within ten days
after such certificate is granted. The application shall be in the
nature of a petition and shall set forth the need for such an appeal
and the issue or issues involved therein. The applicant may, at his
or her election, include copies of such parts of the record as he or
she deems appropriate, but no certification of such copies by the
clerk of the trial court shall be necessary. The application shall
be filed with the clerk of the Supreme Court or the Court of Appeals
and a copy of the application, together with a list of those parts
of the record included with the application, shall be served upon
the opposing party or parties in the case in the manner prescribed
by Code Section 5-6-32, except that such service shall be perfected
at or before the filing of the application. The opposing party or
parties shall have ten days from the date on which the application
is filed in which to file a response. The response may be
accompanied by copies of the record in the same manner as is allowed
with the application. The Supreme Court or the Court of Appeals
shall issue an order granting or denying such an appeal within 45
days of the date on which the application was filed. Within ten days
after an order is issued granting the appeal, the applicant, to
secure a review of the issues, may file a notice of appeal as
provided in Code Section 5-6-37. The notice of appeal shall act as a
supersedeas as provided in Code Section 5-6-46 and the procedure
thereafter shall be the same as in an appeal from a final judgment.
(c) In criminal cases involving a capital offense for which the
death penalty is sought, a hearing shall be held as provided in Code
Section 17-10-35.2 to determine if there shall be a review of
pretrial proceedings by the Supreme Court prior to a trial before a
jury. Review of pretrial proceedings, if ordered by the trial court,
shall be exclusively as provided by Code Section 17-10-35.1 and no
certificate of immediate review shall be necessary.
(d) Where an appeal is taken under any provision of subsection (a),
(b), or (c) of this Code section, all judgments, rulings, or orders
rendered in the case which are raised on appeal and which may affect
the proceedings below shall be reviewed and determined by the
appellate court, without regard to the appealability of the
judgment, ruling, or order standing alone and without regard to
whether the judgment, ruling, or order appealed from was final or
was appealable by some other express provision of law contained in
this Code section, or elsewhere. For purposes of review by the
appellate court, one or more judgments, rulings, or orders by the
trial court held to be erroneous on appeal shall not be deemed to
have rendered all subsequent proceedings nugatory; but the appellate
court shall in all cases review all judgments, rulings, or orders
raised on appeal which may affect the proceedings below and which
were rendered subsequent to the first judgment, ruling, or order
held erroneous. Nothing in this subsection shall require the
appellate court to pass upon questions which are rendered moot.