Georgia Order Denying Review of Certification

State:
Multi-State
Control #:
US-00871
Format:
Word; 
Rich Text
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Description

This is an Order Denying Review of Certification. Upon review of the original transcript, the Court finds that the Defendant's Motion for Certification is not founded and denies said request. This may be modified to suit your particular needs.

How to fill out Order Denying Review Of Certification?

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FAQ

§ 5-6-35(a) lists categories cases requiring application for appeal. These include: Appeals in cases that themselves are de novo appeals from earlier trials in magistrate court (O.C.G.A. § 5-6-35(a)(1), (11)); domestic relations appeals (O.C.G.A. § 5-6-35(a)(2), (12), except O.C.G.A.

: made during the progress of a legal action and not final or definitive.

Rule 30 - Interlocutory Applications (a)Filing Deadline. An application for interlocutory appeal shall be filed in this Court within 10 days of the entry of the trial court's order granting the certificate for immediate review.

The term ?interlocutory? is used to indicate a lack of finality. An interlocutory appeal is an appeal of a non-final order issued during the course of litigation.

For instance, if a lawsuit contains claims for breach of contract, fraud and interference with contractual advantage, and if there are three defendants in this lawsuit, then until all three claims are resolved as to all three defendants, any appeal by any party will be considered interlocutory.

There are essentially four standards of review: abuse of discretion (probably the most common), de novo review, the ?any evidence? test, and the clearly erroneous standard. trial court require the Court of Appeals to employ more than one standard of review.

Interlocutory Appeal. This is a non-final review that may be appealable even though there are no final judgments. Interlocutory orders are reviewable as of right: orders granting, modifying, refusing preliminary or permanent injunctions.

The term interlocutory is used to indicate a lack of finality. For example: An interlocutory decree is a judgment that does not settle all of the issues of a case and where the further action by the court is needed to settle the controversy.

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Georgia Order Denying Review of Certification