Title 5 — Appeal And Error
0 chapters · 53 sections in this title.
O.C.G.A. § 5-6-1 Appearance before court of interested third parties
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When a case is set for a hearing before the Supreme Court or the Court of Appeals and there are parties besides the plaintiffs and defendants, whether shown by the record or not, who have a direct interest in its result, upon the interest being made to appear the court shall allo…
O.C.G.A. § 5-6-10 Transmittal of remittitur to lower court generally
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The decision of the appellate court and any direction awarded in the case shall be certified by the clerk to the court below, under the seal of the court. The decision and direction shall be respected and carried into full effect in good faith by the court below. The remittitur s…
O.C.G.A. § 5-6-11 Issuance of remittitur in cases involving death penalty
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In all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a case or has affirmed the denial of a petition for a writ of habeas corpus in any case in which the death penalty has been imposed, the remittitur shall not issue from that court …
O.C.G.A. § 5-6-13 Granting of supersedeas in cases of contempt
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(a) A judge of any trial court or tribunal having the power to adjudge and punish for contempt shall grant to any person convicted of or adjudged to be in contempt of court a supersedeas upon application and compliance with the provisions of law as to appeal and certiorari, where…
O.C.G.A. § 5-6-14 Execution of extraordinary orders of Supreme Court
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When judgments are rendered in the Supreme Court in injunction or other extraordinary cases, the judges of the superior courts may give immediate effect to such judgments. (Ga. L. 1870, p. 405, § 5; Code 1873, § 3215; Code 1882, § 3215; Civil Code 1895, § 5599; Civil Code 1910, §…
O.C.G.A. § 5-6-15 Certiorari from Supreme Court to Court of Appeals
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The writ of certiorari shall lie from the Supreme Court to the Court of Appeals as provided by Article VI, Section VI, Paragraph V of the Constitution of this state. (Orig. Code 1863, § 3957; Code 1868, § 3977; Code 1873, § 4049; Code 1882, § 4049; Civil Code 1895, § 4634; Civil …
O.C.G.A. § 5-6-2 Disposition of transcript in appellate court
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The transcript of the record shall not be recorded by the clerk of the appellate court but shall be carefully labeled and filed so as to be found easily when needed. (Laws 1847, Cobb’s 1851 Digest, p. 454; Code 1863, § 4185; Code 1868, § 4224; Code 1873, § 4289; Code 1882, § 4289…
O.C.G.A. § 5-6-30 Purpose of article; construction
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It is the intention of this article to provide a procedure for taking cases to the Supreme Court and the Court of Appeals, as authorized in Article VI, Sections V and VI of the Constitution of this state; to that end, this article shall be liberally construed so as to bring about…
O.C.G.A. § 5-6-31 Entry of judgment defined
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The filing with the clerk of a judgment, signed by the judge, constitutes the entry of a judgment within the meaning of this article. (Ga. L. 1965, p. 18, § 18B.)
O.C.G.A. § 5-6-33 Right of appeal generally
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(a)(1) Either party in any civil case and the defendant in any criminal proceeding in the superior, state, or city courts may appeal from any sentence, judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers. (2) Either party in any civ…
O.C.G.A. § 5-6-34 Brown v
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City of Marietta, 214 Ga. App. 840, 449 S.E.2d 540 (1994). Entry of judgment question not appealable. — There is no authority for the trial court to grant an appellant the right to file an ‘‘extraordinary appeal’’ to determine whether or not judgment should be entered in a case. …
O.C.G.A. § 5-6-35 Bullock v
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Sand, 260 Ga. App. 874, 581 S.E.2d 333 (2003). Exception to finality rule. — O.C.G.A. § 9-11-56(h) is an exception to the finality rule which is for the benefit of the losing party, and when the losing party appeals after the rendition of the final judgment, the grant of summary …
O.C.G.A. § 5-6-38 Selfridge v
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Morrison Cafeteria Co., 192 Ga. App. 469, 385 S.E.2d 137, cert. denied, 192 Ga. App. 903, 385 S.E.2d 137 (1989). Notice of cross-appeal properly filed. — In a tenant’s action against the leasing agent of an apartment complex alleging that soot from an apartment heating system cau…
O.C.G.A. § 5-6-40 Enumeration of errors
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The appellant and cross appellant shall file with the clerk of the appellate court, at such time as may be prescribed by its rules, an enumeration of the errors which shall set out separately each error relied upon. The enumeration shall be concise and need not set out or refer t…
O.C.G.A. § 5-6-41 Cox v
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State, 242 Ga. App. 334, 528 S.E.2d 871 (2000). Jury instruction corrected by a trial transcript amended to correct a typographical error gave an accurate statement of the applicable law and was not error. Clanton v. State, 208 Ga. App. 669, 431 S.E.2d 453 (1993). Motion to perfe…
O.C.G.A. § 5-6-46 Nelson v
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Haugabrook, 282 Ga. App. 399, 638 S.E.2d 840 (2006). Hearing not required. — Trial court was not required to conduct an oral hearing before granting a motion to require a supersedeas bond under the statute. Rapps v. Cooke, 234 Ga. App. 131, 505 S.E.2d 566 (1998). Appellant’s righ…
O.C.G.A. § 5-6-5 Entry of judgment for costs on reversal
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If there is a judgment of reversal, the appellant shall be entitled to a judgment for the amount of the costs in the appellate court against the appellee as soon as the remittitur is returned to the court below. (Laws 1845, Cobb’s 1851 Digest, p. 251; Code 1863, § 4186; Code 1868…
O.C.G.A. § 5-6-50 Procedure provided by article supersedes former appellate procedure
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The procedure provided in this article shall serve all purposes which a bill of exceptions or writ of error has served in the past; and, where under any law of force in this state provision is made for the taking of writs of error or bills of exception, the procedure prescribed i…
O.C.G.A. § 5-6-51 Forms
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The following suggested forms are declared to be sufficient, but any other form substantially complying therewith shall also be sufficient: 754 Page: 755 Job Path: @psc3912/cville_data1/stcodes/ga/lexis/ep_rv_04_txt 0000 41826-12 5-6-51 Date: 06/14/13 Time: 12:58:36 GA RV 13 RV 4…
O.C.G.A. § 5-6-6 Damages for frivolous appeal
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When in the opinion of the court the case was taken up for delay only, 10 percent damages may be awarded by the appellate court upon any judgment for a sum certain which has been affirmed. The award shall be entered in the remittitur. (Laws 1845, Cobb’s 1851 Digest, p. 450; Code …
O.C.G.A. § 5-6-8 Entry of decision on minutes; directions to lower court
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The decision in each case shall be entered on the minutes. It shall be within the power of the appellate court rendering the decision in a case to make such order and to give such direction as to the final disposition of the case by the lower court as may be consistent with the l…
O.C.G.A. § 5-6-9 Transmittal of opinion to lower court generally
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(a) Where a further hearing of the case is to follow in the lower court, the clerk of the appellate court shall transmit a copy of the opinion to the clerk of the lower court, without charge, as soon as the opinion is written out. The copy shall remain on file for the information…