§ 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. […]
§ 5-6-8. Entry of Decision on Minutes; Directions to Lower Court
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 law […]
§ 5-6-37. Filing and Contents of Notice of Appeal; Service of Notice Upon Parties to Appeal
Unless otherwise provided by law, an appeal may be taken to the Supreme Court or the Court of Appeals by filing with the clerk of the court wherein the case was determined a notice of appeal. The notice shall set forth the title and docket number of the case; the name of the appellant and […]
§ 5-6-9. Transmittal of Opinion to Lower Court Generally
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 of the […]
§ 5-6-10. Transmittal of Remittitur to Lower Court Generally
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 shall contain nothing more, except […]