The jury verdict came in. It wasn’t what you expected. Maybe you won but received far less than anticipated. Maybe you lost entirely on a case you believed was strong.
Is appeal an option? Understanding Georgia’s appellate process helps you evaluate whether to challenge an unfavorable verdict.
What Can Be Appealed
Not every disappointment is appealable. Appeals address legal errors, not disagreements with how the jury weighed evidence.
Appealable issues include incorrect jury instructions that misstated the law, improper exclusion or admission of evidence, errors in applying procedural rules, misconduct by parties or jurors that affected the outcome, and verdicts unsupported by any evidence.
What’s generally not appealable: the jury believed the wrong witnesses, the damages award seems too low, or the jury reached a different conclusion than you think correct. Juries have broad discretion to weigh evidence and determine credibility.
Preserving Issues for Appeal
You can’t raise issues on appeal that weren’t properly raised at trial. This is the preservation requirement.
When the trial judge makes a ruling you believe is wrong, you must object on the record. The objection preserves the issue. Failure to object waives the right to challenge that ruling later.
Objections must be timely and specific. A general objection may not preserve specific grounds. “I object because this testimony lacks foundation under O.C.G.A. Section 24-9-901” preserves that issue. “I object” alone may not.
Proffering excluded evidence matters too. If the judge excludes your evidence, you must make a proffer showing what the evidence would have been. Without a proffer, the appellate court can’t evaluate whether exclusion was harmful.
Post-Trial Motions
Before appealing, most issues must be raised in post-trial motions. These motions give the trial court a chance to correct errors.
A motion for new trial under O.C.G.A. Section 9-11-59 argues that errors warrant a do-over. Grounds include errors of law, irregularities in proceedings, juror misconduct, and newly discovered evidence.
A motion for judgment notwithstanding the verdict, or JNOV, under O.C.G.A. Section 9-11-50 argues the evidence required judgment in your favor as a matter of law. This motion is difficult to win because it asks the judge to overturn the jury’s factual findings.
A motion to alter or amend the judgment seeks correction of specific errors in the judgment.
These motions must be filed within 30 days of entry of judgment. Missing this deadline can waive appellate rights.
The Georgia Court of Appeals
Most civil appeals go to the Georgia Court of Appeals. This intermediate appellate court reviews trial court decisions for legal error.
Appeals are initiated by filing a notice of appeal within 30 days of entry of the final judgment or denial of post-trial motions, whichever is later.
After the notice, the trial court record is compiled and transmitted to the Court of Appeals. Transcripts of trial testimony are prepared and included.
The Appellate Briefing Process
Appeals are decided on written briefs rather than new evidence. The appellant, the party bringing the appeal, files an opening brief explaining what went wrong at trial.
The appellee responds with a brief defending the trial court’s actions.
The appellant can file a reply brief addressing arguments raised in the response.
Briefs must cite specific record references showing where issues were raised and where errors occurred. Appellate courts don’t search the record independently.
Oral Argument
Not all appeals include oral argument. The Court of Appeals decides whether to hear argument based on the complexity of issues and whether briefs adequately address them.
When granted, oral argument allows attorneys to address the court directly. Judges ask questions. Attorneys highlight key points and respond to concerns.
Oral argument typically lasts 15 to 30 minutes per side. It’s not a re-trial, it’s a focused discussion of legal issues.
Standards of Review
Appellate courts apply different standards of review depending on the type of issue.
Questions of law are reviewed de novo, meaning the appellate court decides the issue fresh without deference to the trial court.
Factual findings by the jury receive great deference. The appellate court won’t overturn factual findings supported by any evidence, even if the appellate judges would have found differently.
Discretionary rulings, like evidentiary decisions, are reviewed for abuse of discretion. The trial court must have acted unreasonably for reversal.
What Relief Can Be Granted
If the appeal succeeds, several outcomes are possible.
Reversal and remand sends the case back for a new trial. The appellate court identifies errors that require correction, and the case starts over.
Reversal with direction orders a specific result. This might include entry of judgment for the appellant without a new trial.
Modification adjusts the judgment without full reversal. For example, reducing an excessive damage award while affirming liability.
Affirmance leaves the trial court judgment in place. The appeal failed.
Certiorari to the Georgia Supreme Court
After the Court of Appeals rules, the losing party can seek review by the Georgia Supreme Court through a petition for certiorari.
The Supreme Court has discretion to accept or reject certiorari petitions. Most are rejected. The Court grants review when cases present significant legal questions or when Court of Appeals decisions conflict.
If certiorari is granted, the case receives full briefing and argument before the Supreme Court.
Timeline and Costs
Appeals take time. A year or more from notice of appeal to decision is common. Complex cases take longer.
Costs include attorney fees for appellate work, transcript preparation, filing fees, and record costs. Appeals are expensive undertakings.
During appeal, the judgment is not final. Collection can be stayed by posting a supersedeas bond, though this ties up funds or credit.
Should You Appeal
Not every adverse verdict warrants appeal. Consider the strength of your appellate issues and whether clear legal errors occurred and were preserved. Consider the likelihood of success given deferential standards of review for factual findings. Consider costs versus potential benefit if reversal leads to another trial, you’ll incur those trial costs again. Consider time and how long you want to extend the litigation.
Appeals rarely succeed on arguments that the jury got it wrong factually. The strongest appeals involve clear legal errors that affected the outcome.
Defending Against Appeals
If you won at trial and the defendant appeals, you’re the appellee. Your goal is preserving the victory.
Appellee briefs defend the trial court’s rulings. They argue that any errors were harmless or that the appellant failed to preserve issues.
Most appeals fail. As appellee, the odds favor you. But don’t assume the trial judgment is safe, actively defend it.
Appellate practice is specialized. Whether you’re appealing or defending, consider attorneys experienced in Georgia appellate work to evaluate and handle the appeal.
Appellate procedures involve strict deadlines and technical requirements. This article provides general information about Georgia personal injury appeals. For specific guidance about appellate options and strategy in your case, consult promptly with a Georgia attorney experienced in appellate practice.