Appeal????

[JaneyS4]

What is the name of your state? GA

I think I already know the answer to this question, but just looking for a little confirmation.

Background: Friend went for his legitimization hearing for his daughter, mom tried to fight it. Name change was also requested during this hearing, and the judge granted both the legitimization and the name change.

When my friend went to pick up his daughter for visitation, mom told him NOT to tell her that her name was his because they were going to appeal the desicion.

Now, am I incorrect, or is it true than an appeal can only be asked for in a jury trial, and that you can not appeal a desicion like this made by a judge in family court?

 

[snostar]

In GA a cassation claim is considered to be an absolute argument and can be based on the following circumstances (for Civil Procedures):

1. The case was heard by an unlawfully convened panel of judges;

2. The hearings in the case were carried out in the absence of a party to the case who was not duly summoned by the court; or the representative of the party was not present during the hearings; or the hearing was carried out during the first unexcused absence of the party;

3. The court decided a case not falling under its jurisdiction;

4. The judgment was based on an oral hearing during which the principle of a public trial was violated;

5. The judgment is not duly reasoned;

6. The judgment is not signed by the judges who are named in the judgment.

The time for submission of a cassation appeal begins to run directly after the official receipt of the court decision by the parties and expires after a period of one month from this moment.

 

[JaneyS4]

ok, I get all those except number 5. What defines "duly reasoned"? Does that mean, the judge didn't have a reason, or am I way off?

 

[snostar]

I think that "duly reasoned" means that there have been previous cases with similar or same circumstances where the same judgement was found. I am not positive though.