Legislation	Clerk's Office	Members	Committees	Meetings	Home	Senate

HB 534 - Domestic relations; certain cases; appeal to Georgia Supreme Court

Stuckey, Stephanie (67th)	Martin, Jim (47th)	Bordeaux, Tom (151st)
Walker, Larry (141st)

Status Summary	HC:	Judy	SC:		FR:	02/09/99	LA:	03/24/99	H - Recommitted (Sub)

First Reader Summary

A BILL to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required for such cases to be appealed to the appellate courts, so as to change the provisions relating to appeals in certain domestic relations cases; to provide that direct appeals to the Supreme Court only may be taken from final judgments in certain enumerated domestic relations cases; and for other purposes.

HB 534                                            LC 22 3614S 
 
               ______________________________ offers the following 
      substitute to HB 534: 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 5-6-35 of the Official Code of Georgia 
  1- 2  Annotated, relating to cases in which application for appeal 
  1- 3  is required for such cases to be appealed to the appellate 
  1- 4  courts, so as to change the provisions relating to appeals 
  1- 5  in certain domestic relations cases; to provide that direct 
  1- 6  appeals to the Supreme Court only may be taken from final 
  1- 7  judgments in certain enumerated domestic relations cases; to 
  1- 8  repeal conflicting laws; and for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  Code Section 5-6-35 of the Official Code of Georgia 
  1-12  Annotated, relating to cases in which application for appeal 
  1-13  is required for such cases to be appealed to the appellate 
  1-14  courts, is amended by striking in its entirety paragraph (2) 
  1-15  of subsection (a) and inserting in lieu thereof a new 
  1-16  paragraph (2) to read as follows: 
 
  1-17      "(2) Appeals from judgments or orders in divorce, 
  1-18      alimony, child custody, and other domestic relations 
  1-19      cases including, but not limited to, granting or 
  1-20      refusing a divorce or temporary or permanent alimony, 
  1-21      awarding or refusing to change child custody, or holding 
  1-22      or declining to hold persons in contempt of such alimony 
  1-23      or child custody judgment or orders; provided, however, 
  1-24      that the provisions of this paragraph shall not apply to 
  1-25      appeals from judgments or final orders involving child 
  1-26      custody, or any orders involving the incarceration for a 
  1-27      period of ten days or more of persons for contempt in 
  1-28      such matters, or cases in which the amount in 
  1-29      controversy exceeds $25,000.00, which cases shall be 
  1-30      appealable solely to the Supreme Court of Georgia.  The 
  1-31      amount in controversy shall be defined as the sum of the 
  1-32      total value of the combined assets of the parties as 
  1-33      listed in either party's domestic relations financial 
  1-34      affidavit, filed pursuant to Uniform Superior Court Rule 
  1-35      24.2, and the total of all present and future payments 
 
 
                                 -1- 
 
 
 
  2- 1      and receipts awarded or allocated by the judgment or 
  2- 2      final order complained of, without reduction to present 
  2- 3      value;" 
 
  2- 4                           SECTION 2. 
 
  2- 5  All laws and parts of laws in conflict with this Act are 
  2- 6  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-