Legal Question in Real Estate Law in Georgia

How do I write an appeal to the superior court?

I sued a former tenant in Paulding County,Georgia,He did amitted on the witnessstand that he owes me for the month that he left without notice,I had copies of the contract,pictures of the damage by the tenant etc etc,the Judge said he will render verdictin writing after he checks with cobb county,the property is in cobb county,Ihad filed an eviction notice but the tenants had left by 12th,the sheriff went out to serve on the 17th.It took me almost two years to track them.The Paulding court Magistrate court Judge awarded me nothing.Now Paulding county clerk told me have to have a lawyer,if not the superior court will throw the case out.Is that true?,Also how do I present the case b myself?Thanks


Asked on 2/27/02, 8:12 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: How do I write an appeal to the superior court?

I am having some trouble following your facts. I suppose you sued in Paulding because at the time the Tenant (T) lived there. Notwithstanding your evidence, the Paulding Mag. court awarded you zero. YOU appealed. (Otherwise, I dont understand.) Now, you have to retry your case in the Superior Court (Paulding has no State Court, correct?). If you are a corporation or LLC or INC., the Clerk is correct, you will get thrown out for failure to have a lawyer. See, Echols v. Atlanta Technology(1997). Articles and copies of same are on my website. It says that in a court of record, Inc.s must have lawyers. If you are in Ind. you may proceed without a lawyer, notwithstanding what the Clerk says. Your proof in the Superior Court is the same as in the Mag. Court. Its de novo. You will need your witnesses again. Good Luck. Seems like a lot of work for 1 months rent. Hugh Wood

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Answered on 2/27/02, 8:24 pm


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