Sawyer v. City of Atlanta

I must respectfully dissent because, in my view, a timely filed notice of appeal should be transferred to the appropriate appellate court and not dismissed when the sole defect is the designation of the incorrect appellate court with jurisdiction over the appeal. The cases cited by the majority are not dispositive of the issue before us. In both *328Smith v. Gwinnett County, 246 Ga. App. 865 (542 SE2d 616) (2000), and Smith v. Gwinnett County, 247 Ga. App. 888 (545 SE2d 147) (2001), the issue of transfer was not raised by the appellant on appeal.

As an intermediate appellate court, we are a court…