Trial Notebook : Appeal – Court of Appeals

Appeal to the Superior Court and Court of Appeals

"Once the case is appealed from the Appellate Division, both this Court and the Superior Court must view the evidence in a light favorable to the party prevailing before that Division. If any evidence supports the Appellate Division's findings, those findings are binding and conclusive, and we may not 'substitute [ourselves] as a fact-finding body in lieu of the Board.'" See Dallas v. Flying J, Inc., 279 Ga. App. 786, 632 S.E.2d 389 (2006).

Court of Appeal Construction

On appeal, we [the Court of Appeals] construe the evidence in the light most favorable to the prevailing party before the Board, and "every presumption in favor of the Board's Award is indulged." Footstar v. Stevens, 275 Ga. App. 329, 620 S.E.2d 588 (2005).

"If any evidence supports the [Board's] findings, those findings are binding and conclusive, and we must not substitute ourselves as a fact finding body in lieu of the Board." Dallas v. Flying J, 279 Ga. App. 786, 632 S.E.2d 389 (2006).

Court of Appeals Duty for Review

"When reviewing an ALJ's findings that are accepted by the Board, he cannot disturb those findings "as long as there is any evidence to support [them], because neither the Supreme Court nor the Appellate Court hath the power to find facts."" See Hallsey v. Fort Howard Paper Company, 268 Ga. 57, 487 S.E.2d 653 (1997). We must construe the evidence in favor of the party prevailing before the Board and treat the Board/ALJ's findings as conclusive and binding when supported by any evidence. Jones County Board of Education v. Patterson, 255 Ga. App. 166, 564 S.E.2d 777 (2002).

Court of Appeals: Error of Law

If the Court of Appeals is deciding an error of law or a question or law, the Court of Appeals will review it de novo. See Suarez v. Halbert, 246 Ga. App. 822, 543 S.E.2d 733 (2000).

Need Help? We're Here For You.

Send us a message or call us now at 404.815.1776!