_____________________________________________ GWINNETT MAGISTRATE COURT _____________________________________________ _____________________________ _____________________________________________ NOTICE OF APPEAL _____________________________________________ (Plaintiff(s) Name, Address and Daytime Phone No.) _____________________________ vs. _____________________________________________ _____________________________________________ _____________________________________________ CASE NO. ___________________________ INFO & FORMS ON THE INTERNET http://www.gwinnettcourts.com E-mail: mag@gwinnettcounty.com _____________________________________________ (Defendant(s) Name, Address and Daytime Phone No.) (Check applicable sections.) Notice is hereby given that the [ ] Plaintiff(s) [ ] Defendant(s), hereby appeal(s) a judgment entered in the Magistrate Court of Gwinnett County to the [ ] State Court; [ ] Superior Court; of Gwinnett County. [ ] CIVIL CASES The judgment of the civil case appealed herein was entered on the _____ day of _______________, 200____. (This appeal MUST BE filed within thirty (30) days of the foregoing date of judgment.) [ ] DISPOSSESSORY CASES The judgment of the dispossessory case appealed herein was entered on the _____ day of _______________, 200____. (This appeal MUST BE filed within seven (7) days of the date of judgment set forth above. APPEALS BY TENANTS – PAST DUE & FUTURE RENT REQUIRED TO BE PAID INTO THE REGISTRY OF THE COURT(S) IN ORDER TO REMAIN IN POSSESSION OF PREMISES: I/We [ ] have; [ ] have not; paid into the registry of the Magistrate Court the sum(s) found by the Magistrate Court to be due as past due rent, to-wit, the sum of $________________. (See section J of judgment form.) This sum of past due rent MUST be paid into the registry of the trial court in order for a tenant who is appealing a dispossessory judgment to remain in possession of the property. Furthermore, after the case is appealed, the tenant is required to pay all future rent as it becomes due into the registry of the trial court, which, on appeal, will then be either the State or Superior Court depending on which court the appealing party selected the appeal to be filed. Failure to abide by these provisions shall cause a writ of possession to be issued instanter by a court of competent jurisdiction. (See O.C.G.A. 44-7-56.) General Information Computing times for appeal: O.C.G.A. 1-3-1(d)(3): The day the judgment was entered shall not be counted, but the last day shall be counted. If the last day falls on a Saturday, Sunday or public and legal holiday, the appeal shall be considered timely filed if filed on the next business day. It is hereby certified that the above judgment is not a default judgment for which no appeal can be made. Appellate review of a default judgment shall be by certiorari to the State Court of Gwinnett County or to the Superior Court of Gwinnett County. (See O.C.G.A. 15-10-41.) This ___ day of ___________________, 20____. _____________________________________ [ ] Plaintiff(s) [ ] Defendant(s) CERTIFICATE OF SERVICE A copy of this Notice of Appeal shall be served on all parties. If an opposing party is represented by an attorney, the service shall be made upon the attorney. I hereby certify that I have served the opposing party with a copy of this appeal by mailing a copy of this document to the opposing party at the address set forth above. This _____ day of ___________________, 20______. _________________________________________ [ ] Plaintiff(s) [ ] Defendant(s) American LegalNet, Inc. www.FormsWorkflow.com Q:\Magforms\MAG 12-01 Notice of Appeals