Franklin v. Recorder's Court, City of Albany

Court of Appeals of Georgia

Franklin v. Recorder's Court, City of Albany

330 S.E.2d 429, 174 Ga. App. 498

CourtCourt of Appeals of Georgia

DecidedApril 4, 1985

Docket70069

StatusPublished

Cited by1 cases

This text of 330 S.E.2d 429 (Franklin v. Recorder's Court, City of Albany) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Franklin v. Recorder's Court, City of Albany, 330 S.E.2d 429, 174 Ga. App. 498 (Ga. Ct. App. 1985).

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Opinion

Banke, Chief Judge.

Appellant Ulysses Franklin filed a direct appeal to this court from an apparent misdemeanor conviction rendered against him by the Recorder’s Court of the City of Albany. (The order of the lower court does not actually appear in the record forwarded to this court.)

The proper method for obtaining review of a decision of a recorder’s court is either by direct appeal to the superior court, in the case of traffic violations (OCGA § 40-13-28), or by application for cer-tiorari to the superior court. (OCGA §§ 5-4-1, 5-4-3). See City of Adairsville v. Barton, 159 Ga. App. 810 (285 SE2d 581) (1981). This court does not have jurisdiction over a direct appeal from the decision of the Recorder’s Court of the City of Albany. See Ga. L. 1923, pp. 370, 397; Ferrell v. State, 160 Ga. App. 881 (289 SE2d 3) (1982).

Appeal dismissed.

McMurray, P. J., and Benham, J., concur.

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Banke, Chief Judge.

Appellant Ulysses Franklin filed a direct appeal to this court from an apparent misdemeanor conviction rendered against him by the Recorder’s Court of the City of Albany. (The order of the lower court does not actually appear in the record forwarded to this court.)

The proper method for obtaining review of a decision of a recorder’s court is either by direct appeal to the superior court, in the case of traffic violations (OCGA § 40-13-28), or by application for cer-tiorari to the superior court. (OCGA §§ 5-4-1, 5-4-3). See City of Adairsville v. Barton, 159 Ga. App. 810 (285 SE2d 581) (1981). This court does not have jurisdiction over a direct appeal from the decision of the Recorder’s Court of the City of Albany. See Ga. L. 1923, pp. 370, 397; Ferrell v. State, 160 Ga. App. 881 (289 SE2d 3) (1982).

Appeal dismissed.

McMurray, P. J., and Benham, J., concur.

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330 S.E.2d 429, 174 Ga. App. 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-recorders-court-city-of-albany-gactapp-1985.

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