Bill Text: GA HB956 | 2009-2010 | Regular Session | Comm Sub

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Bill Title: Dismissal of appeals; may be dismissed if improperly filed; provide

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2010-04-20 - Senate Read Second Time [HB956 Detail]

Download: Georgia-2009-HB956-Comm_Sub.html

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10 LC 29 4175S

House Bill 956 (COMMITTEE SUBSTITUTE)

By: Representatives Powell of the 171st, Willard of the 49th, Jacobs of the 80th, Ramsey of the 72nd, Collins of the 27th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 5-6-48 of the Official Code of Georgia Annotated, relating to grounds for dismissal of appeal, so as to provide that certain appeals improperly filed may be dismissed by the court; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 5-6-48 of the Official Code of Georgia Annotated, relating to grounds for dismissal of appeal, is amended by revising subsection (b) as follows:

"(b) No appeal shall be dismissed or its validity affected for any cause nor shall consideration of any enumerated error be refused, except:

(1) For failure to file notice of appeal within the time required as provided in this article or within any extension of time granted hereunder;

(2) Where the decision or judgment is not then appealable; or

(3) Where the questions presented have become moot; or

(4) Where the appeal was filed as a direct appeal pursuant to Code Section 5-6-34 but should have been filed as an application for appeal pursuant to Code Section 5-6-35."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.