Effective August 1, 2020, Georgia Court of Appeals Rule 33.2(1) will change to permit as binding precedent “an appeal [if] decided by a division of this Court of by the Court sitting en banc, a published opinion in which a majority of the judges fully concur in the rational and judgement of the decision…”.
The current and soon to be old rule, found in Rule 33.3(2)&(3), required “a published decision in which all three panel judges fully concur” or a “portion of an opinion, in which a majority of participating judges fully concur” before the opinion was considered binding precedent. It is reported that the new rule will not be retroactively applied to cases that pre-date August 1, 2020 when determining precedential value.
You can access the rule by clicking HERE. Please contact our team at Goodman McGuffey LLP for more information or any questions you may have by filling out the form on our Contact page.
