Appellate Practice

Other attorneys and clients have called upon Mr. Cork for appellate representation or amicus briefs in over eighty cases. He has served on the leadership committee of the Appellate Practice Section of the State Bar of Georgia from 2001 to present, and served as Chair of the Section in 2004-2005. He has served on the Amicus Curiae Committee of the Georgia Trial Lawyers Association since 1995, and was Chair of the Committee from 1998 to 2004. For some of his more significant appellate results, click here.

Published Texts and Articles

Co-Author, Georgia Appellate Practice, 2008-present (Thompson-West).
Co-Author, “Physical Precedent” Under Court of Appeals Rule 33(a), The Appellate Review, January/February 2003.

Seminar Presentations

What you need to know before writing an appellate brief in Georgia, ICLE Nuts and Bolts of Civil Appellate Practice, February 16, 2017.
What you need to know before writing an appellate brief in Georgia, ICLE Nuts and Bolts of Civil Appellate Practice, October 28, 2015.
What you need to know before writing an appellate brief in Georgia, GTLA Appellate Writing Workshop, June 23, 2015.
Building and Growing an Appellate Practice, ICLE, Georgia Appellate Practice, February 24, 2012.
Recent Developments in Appellate Practice, 2007, November 3, 2007.
The Ins and Outs of the Appellate Brief and What Happens After the Appellate Decision - Seeking Review of an Adverse Ruling, National Business Institute, Atlanta, October 19, 2006.
Effective Briefs, ICLE General Practice and Trial Section Institute, St. Simon’s Island, April 1-3, 2004.
Effective Briefs, GTLA Seminar, Atlanta, August 1, 2003.
Writing the Statement of Facts, Use of Legal Authorities, Motions for Summary Judgment, and Motions for Reconsideration, “Legal Writing for Plaintiff’s Lawyers” Seminar, GTLA, Atlanta, November 7, 2002 (seminar chair).
When are Amicus Curiae Briefs Appropriate and Effective?, ICLE Appellate Strategies Seminar, Atlanta, April 12, 2001.

Getting Certiorari Granted ...

Hamon v. Connell Case No. S22G0405 (decision pending).
Hall v. Hill Case No. S22G0019 (decision pending).
Mendez v. Moats 310 Ga. 114 (2020) (dismissed as improvidently granted, apparently based on the presentation of the issues in the lower courts, though the main concurring opinion agreed with our analysis).
Coen v. Aptean, Inc. 307 Ga. 826 (2020) (reversing Court of Appeals).
Elem v. Airtran Airways, Inc., U. S. Supreme Court Case No. 14-1061 (January 25, 2016) (granting the writ; vacating the decision of the Eleventh Circuit in Airtran Airways, Inc. v. Elem, 767 F.3d 1192 (11th Cir. 2014), which had erroneously held that, in seeking reimbursement of medical expenses following a tort settlement, an ERISA-governed plan could obtain a money judgment for the full amount against its insured and the insured's attorneys; and remanding for further proceedings in view of the result in a companion case).
Kight v. MCG Health, Inc. 296 Ga. 687 (2015) (affirming on a narrow point that was unobjectionable, but declaring the disastrous part of the 12-judge Court of Appeals decision to be dicta).
Raysoni v. Payless Auto Deals, LLC 296 Ga. 156 (2014) (reversing Court of Appeals).
McWhorter v. Southland Propane, Inc. (certiorari granted from ruling of Court of Appeals in 312 Ga. App. 812, resolved without published decision).
Godfrey v. Georgia Interlocal Risk Management Agency, 290 Ga. 211 (2011) (decision affirmed by 4-3 vote).
Pointer v. Roberts, 288 Ga. 150 (2010) (reversing Court of Appeals).
Thomas v. Gastroenterology Associates of Gainesville, P.C., 280 Ga. 698 (2006) (reversing Court of Appeals).
Gordon v. Atlanta Cas. Co., 279 Ga. 148 (2005) (reversing Court of Appeals).
Thompson v. Thompson, 278 Ga. 752 (2004) (reversing Court of Appeals).
Beach v. Lipham , 276 Ga. 302 (2003) (narrowing holding of Court of Appeals).
Davis v. Kaiser Foundation Health Plan of Georgia, Inc., 271 Ga. 508 (1999) (reversing Court of Appeals).
Kissun v. Humana, Inc., 267 Ga. 419 (1997) (reversing Court of Appeals).
White v. Metropolitan Property & Cas. Ins. Co., 266 Ga. 371 (1996) (1996) (reversing Court of Appeals).
Buck's Service Station, Inc. v. Department of Transp., 259 Ga. 825 (1990).

Getting motions for reconsideration granted ...

Kight v. MCG Health, Inc. 296 Ga. 687 (2015) (cert granted unanimously after 4-3 denial).
Coleman v. Retina Consultants, P.C., 286 Ga. 317 (2009) (deleting harmful mistaken facts on motion for reconsideration after appellate win).
White v. Metropolitan Property & Cas. Ins. Co., 266 Ga. 371 (1996) (cert granted after initial unanimous denial).
Department of Transp. v. Hillside Motors, Inc., 192 Ga. App. 637 (1989) (verdict affirmed after initial decision granting new trial).
Crumpton v. Kelly, 185 Ga. App. 245 (1987) (judgment reversed after initial decision affirming).

Forms

Caution. Always check for rule changes. Rule changes in the Court of Appeals would alter somewhat the forms listed below. Likewise, these forms may not be applicable or suitable in particular cases.

Annotated Notice of Appeal.
Application for Interlocutory Appeal to the Georgia Court of Appeals.
Application for Discretionary Appeal to the Georgia Court of Appeals.
Petition for Certiorari to the Georgia Supreme Court. The format for a petition is quite flexible, and the best format often depends on the nature of the case and legal issues.
In order to petition for certiorari, a Notice of Intent to Apply for Certiorari must be filed with the Court of Appeals. When the Petition is filed in the Supreme Court, a Notice of Filing must be filed with the Court of Appeals.
A motion for leave to file a supplemental brief in the Georgia Court of Appeals.
A motion for an extension of time to file a brief in the Georgia Court of Appeals.