§ 5-3-2 — Legislative findings and intent

Georgia § 5-3-2

• Jurisdiction: Georgia
• Title: 5

Text

(a) The General Assembly finds that many appeals from a lower judicatory to a superior or state court result in dismissal on complex procedural grounds and not a decision on the merits. (b) It is the intent of the General Assembly in enacting this chapter to: (1) Provide a single, modern, and uniform procedure called a "petition for review" for appealing a decision made by a lower judicatory to a superior or state court, as authorized by the laws and the Constitution of this state; (2) Increase access to justice through the greater resolution of appeals on the basis of substantive issues rather than on complex procedural grounds; and (3) Retain the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter. (c) Consistent with the laws and the Constitutions of Georgia and the United States, the courts shall: (1) Construe the provisions of this chapter broadly so as to render decisions based on the merits of each case and avoid dismissal of any case or refusal to consider any points raised therein unless such dismissal or refusal is expressly required by statute; (2) Construe any petition for review filed under this chapter according to its substance, merit, and function and not merely its style, form, or title; and (3) Not construe this chapter to expand the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter.

Legislative History

Added by 2022 Ga. Laws 875,§ 1-1, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date. Repealed by 2022 Ga. Laws 875,§ 1-1, eff. 7/1/2023.