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Redacted Notice of Appeal for Interlocutory Application

by merlin on October 23rd, 2016
  • Sumo

Having filed this, I have redacted it, deleted my heading and signature block, and am now posting it for your review.

Comments (and corrections) are welcome, since I have not done an interlocutory appeal before, and hope I am doing this correctly!

 

NOTICE OF APPEAL

            Notice is hereby given that XXXXX XXXXX has appealed to the Court of Appeals of Georgia from the denial of his Motion to Apply Civil Practice Act, said denial having been recorded in the Clerk’s Office on XXXXX XX, 20XX.

            Nothing in the trial court has been requested to be omitted from the record by the Clerk.  All pleadings submitted in this case are requested to be included.

            A transcript of the proceedings of a hearing held by this Court on XXXXX XX, 20XX, is requested to be filed for inclusion on the record on appeal.

Jurisdiction over this matter is vested in the Court of Appeals of Georgia and not the Supreme Court of Georgia under Section V, Paragraph III, of the Georgia Constitution, which states that the Court of Appeals shall exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law.  This is not a case described in Section VI, Paragraphs II or III of the Georgia Constitution.  The decision of the Court denying application of the Civil Practice Act and related provisions in this case ignores the non-punitive nature of the Registry by making actions regarding it subject to the criminal law, and by denying the Due Process rights of Petitioner.

            Respectfully submitted this XXst day of XXXXX, 20XX.

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