§ 5-6-46. Operation of Notice of Appeal as Supersedeas in Civil Cases; Requirement of Supersedeas Bond or Other Security; Fixing of Amount; Procedure Upon No or Insufficient Filing; Effect of Bond as to Liability of Surety; Punitive Damages
In civil cases, the notice of appeal filed as provided in Code Sections 5-6-37 and 5-6-38 shall serve as supersedeas upon payment of all costs in the trial court by the appellant and it shall not be necessary that a supersedeas bond or other form of security be filed; provided, however, that upon motion by […]
§ 5-6-47. Operation of Notice of Appeal and Affidavit of Indigence as Supersedeas in Civil Cases; Procedure for Contests as to Truth of Affidavit
In all civil cases where the party taking an appeal files an affidavit stating that because of his indigence he is unable to pay costs or to post a supersedeas bond, if any, as may be required by the trial judge as provided in Code Section 5-6-46, the notice of appeal and affidavit of indigence […]
§ 5-6-48. Grounds for Dismissal of Appeal; Amendments; Correcting or Supplementing Record or Transcript; Effect of Dismissal of Appeal Upon Cross Appeal; Effect of Deficiencies Upon Consideration of Appeal
Failure of any party to perfect service of any notice or other paper hereunder shall not work dismissal; but the trial and appellate courts shall at any stage of the proceeding require that parties be served in such manner as will permit a just and expeditious determination of the appeal and shall, when necessary, grant […]
§ 5-6-49. Bills of Exceptions, Exceptions Pendente Lite, Assignments of Error Abolished; Contents of Motions for New Trial and for j.n.o.v
Bills of exceptions, exceptions pendente lite, assignments of error, and all rules relating thereto are abolished. Motions for new trial and for judgment notwithstanding the verdict need not set out portions of the record or transcript of evidence and it shall not be necessary that the grounds thereof be complete in themselves or be approved […]
§ 5-6-5. Entry of Judgment for Costs on Reversal
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. History. Laws 1845, Cobb’s 1851 Digest, p. 251; Code 1863, § 4186; Code 1868, § 4225; […]
§ 5-6-34. Judgments and Rulings Deemed Directly Appealable; Procedure for Review of Judgments, Orders, or Decisions Not Subject to Direct Appeal; Scope of Review; Hearings in Criminal Cases Involving a Capital Offense for Which Death Penalty Is Sought; Appeals Involving Nonmonetary Judgments in Child Custody Cases
Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the Georgia State-wide Business Court, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state: All final judgments, that […]
§ 5-6-6. Damages for Frivolous Appeal
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. History. Laws 1845, Cobb’s 1851 Digest, p. 450; Code 1863, § […]
§ 5-6-35. Cases Requiring Application for Appeal; Requirements for Application; Exhibits; Response; Issuance of Appellate Court Order Regarding Appeal; Procedure; Supersedeas; Jurisdiction of Appeal; Appeals Involving Nonmonetary Judgments in Custody Cases
Appeals in the following cases shall be taken as provided in this Code section: Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers’ Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings; provided, however, that this provision […]
§ 5-6-7. No Decisions to Be Rendered Ore Tenus; Publication of Judgments and Opinions
No decision shall be rendered ore tenus. The reporter shall publish in the official reports of the Supreme Court and the Court of Appeals all judgments, but only those opinions which the courts shall direct to be published. History. Ga. L. 1866, p. 46, § 5; Code 1868, § 4210; Code 1873, § 4270; Code […]
§ 5-6-36. Filing of Motion for New Trial and Motion for Judgment Notwithstanding Verdict Where Appeal Taken From Judgment, Ruling, or Order
A motion for new trial need not be filed as a condition precedent to appeal or consideration of any judgment, ruling, or order in any case; but, in all cases where a motion for new trial is an available remedy, the party entitled thereto may elect to file the motion first or to appeal directly. […]