Legal Opinion · Concurring in part, dissenting in part

Kemp v. Neal

Supreme Court of Georgia

Decided November 30, 2010No. S10A0724Published

1Concurring in part, dissenting in partBenham, Justice

1. Because I do not believe this appeal falls within this Court’s subject-matter appellate jurisdiction over “[a]ll equity cases” (1983 Ga. Const., Art. VI, Sec. VI, Par. Ill (2)), I believe the appeal should be transferred to the Court of Appeals, which has appellate jurisdiction of cases in which jurisdiction has not been conferred upon this Court by the Georgia Constitution. 1983 Ga. Const., Art. VI, Sec. V, Par. III. Accordingly, I respectfully disagree with Division 1 of the per curiam opinion.

For purposes of determining appellate jurisdiction,

“[e]quity cases” are those in which a…

2Cases cited10 opinions

  1. Beauchamp v. KnightSupreme Court of Georgia · 1991
  2. Redfearn v. Huntcliff Homes Ass'n, Inc.Supreme Court of Georgia · 1999
  3. First Christ Holiness Church, Inc. v. Owens Temple First Christ Holiness Church, Inc.Supreme Court of Georgia · 2008
  4. Lamar County v. E.T. Carlyle Co.Supreme Court of Georgia · 2004
  5. Rector, Wardens & Vestrymen of Christ Church in Savannah v. Bishop of the Episcopal Diocese of Georgia, Inc.Court of Appeals of Georgia · 2010

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