Appeals and Preclusion

Question 1

Final Order

Answer 1

As in federal court, generally only final orders may be appealed.

A final order is one that leaves the trial court nothing left to do.

Question 2

Enforcement of Judgments

Answer 2

A winning plaintiff may move to enforce a judgment against a losing defendant

A writ of execution is filed by the plaintiff, and discovery is permitted to ascertain the defendant’s assets

Question 3

Direct Interlocutory Appeals

Answer 3

A litigant may file an interlocutory appeal from orders concerning injunctions

Unique GA Interlocutory Appeals:
1) an order directing an accounting
2) child custody orders
3) orders refusing a writ of mandamus or other extraordinary relief
4) orders granting summary judgment as to any issue

Question 4

General Discretionary Appeal (interlocutory)

Answer 4

A general discretionary appeal is available only if:
1) the trial judge certifies the issue as one of great importance; and
2) the appellate court agrees to hear the matter

Question 5

Order Specific Discretionary Appeal (interlocutory)

Answer 5

By writ of certiorari to review appellate court orders, including land, title, alimony and divorce, wills, and extraordinary equitable relief

The trial court need not make a certification

Question 6

Georgia Appellate Courts (court of appeals)

Answer 6

The GA appellate courts are courts of appellate jurisdiction. They have jurisdiction over any appeal except this of which the GA supreme court has exclusive jurisdiction

Question 7

GA Supreme Court

Answer 7

EXCLUSIVE JURISDICTION – over trial court orders involving (1) treaties, (2) constitutionality of state or federal law, and (3) contested elections

CERTIFIED QUESTIONS – has appellate jurisdiction over certified questions from a (1) state appellate court or (2) federal district or appellate court

BY WRIT OF CERTIORARI – Can review cases from appellate courts by writ of certiorari

Question 8

Claim Preclusion

Answer 8

GA’s claim preclusion mirror the federal court with a difference in the definition of claim

CLAIM – by statute, motor vehicle accident cases give rise to two causes of action
1) one for personal injuries
2) one for property damages

Question 9

Issue Preclusion

Answer 9

The rules of issue preclusions are the same in federal court with an exception for mutuality

MUTUALITY – GA almost always requires mutuality
– GA will only permit nonmutual use of collateral estoppel by defendants and only in vicarious liability situations

– it does not recognize the use of nonmutual offensive issue preclusion