section 5-6-6 frivolous appeal (Georgia) · Go Syfert
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section 5-6-6 frivolous appeal in Georgia

14 Georgia opinions name it 2 courts 1985–2009 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Harrell v. Thompsongreen
gactapp · 1987 · cited in 2 Georgia opinions naming this issue, 1988–1988
2 sentences

1988See Harrell v. Thompson, 182 Ga. App. 470, 473 (6) ( 356 SE2d 69 ) (1987).

1988See Harrell v. Thompson, 182 Ga. App. 470, 473 (6) ( 356 SE2d 69 ) (1987).

22
Planning Technologies, Inc. v. Kormangreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2009–2009
1 sentence

2009See Planning Technologies, 290 Ga. App. at 718-720 .

11
Shamsai v. Coordinated Properties, Inc.green
gactapp · 2003 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008Shamsai v. Coordinated Properties, 259 Ga. App. 438, 439-440 (2) ( 576 SE2d 901 ) (2003).

2008Shamsai v. Coordinated Properties, 259 Ga. App. 438, 439-440 (2) ( 576 SE2d 901 ) (2003).

11
Stringer v. Harkleroad & Hermancegreen
gactapp · 1995 · cited in 1 Georgia opinions naming this issue, 2003–2003
2 sentences

2003“We note that damages for delay are especially appropriate where the underlying action, like this one, involves a collection action.” Stringer v. Harkleroad & Hermance, 218 Ga. App. 701, 704-705 (2) ( 463 SE2d 152 ) (1995). 3.

2003“We note that damages for delay are especially appropriate where the underlying action, like this one, involves a collection action.” Stringer v. Harkleroad & Hermance, 218 Ga. App. 701, 704-705 (2) ( 463 SE2d 152 ) (1995). 3.

11
Rackard v. Merrittgreen
gactapp · 1966 · cited in 1 Georgia opinions naming this issue, 1996–1996
2 sentences

1996This statute authorizes the imposition of a ten percent penalty if, in the opinion of the appellate court, “the case was taken up for delay only ...” “Where . . . the court is not fully satisfied that the cause was taken up for delay only, additional damages will not be awarded under the provisions of [OCGA § 5-6-6].” Rackard v. Merritt, 114 Ga. App. 743, 744 (2) ( 152 SE2d 701 ) (1966).

1996This statute authorizes the imposition of a ten percent penalty if, in the opinion of the appellate court, “the case was taken up for delay only ...” “Where . . . the court is not fully satisfied that the cause was taken up for delay only, additional damages will not be awarded under the provisions of [OCGA § 5-6-6].” Rackard v. Merritt, 114 Ga. App. 743, 744 (2) ( 152 SE2d 701 ) (1966).

11
Covrig v. Millergreen
gactapp · 1991 · cited in 1 Georgia opinions naming this issue, 1992–1992
2 sentences

1992See Covrig v. Miller, 199 Ga. App. 864 (4) ( 406 SE2d 239 ) (1991); United Controls v. Alpha Systems, 195 Ga. App. 331 ( 393 SE2d 694 ) (1990).

1992See Covrig v. Miller, 199 Ga. App. 864 (4) ( 406 SE2d 239 ) (1991); United Controls v. Alpha Systems, 195 Ga. App. 331 ( 393 SE2d 694 ) (1990).

11
Dickens v. First Capital Income Properties, Ltd.green
gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 1991–1991
2 sentences

1991As appellant’s arguments are wholly devoid of support from the record, “ ‘we must conclude that the appeal to this court was for the purpose of delay only. . . .’ [Cit.]” Dickens v. First Capital Income Properties, 187 Ga. App. 607, 608 (3) ( 371 SE2d 130 ) (1988).

1991As appellant’s arguments are wholly devoid of support from the record, “ ‘we must conclude that the appeal to this court was for the purpose of delay only. . . .’ [Cit.]” Dickens v. First Capital Income Properties, 187 Ga. App. 607, 608 (3) ( 371 SE2d 130 ) (1988).

11
Shepherd v. Eppsgreen
ga · 1978 · cited in 1 Georgia opinions naming this issue, 1990–1990
2 sentences

1990See Shepherd v. Epps, 242 Ga. 322, 323 (3) ( 249 SE2d 33 ).

1990See Shepherd v. Epps, 242 Ga. 322, 323 (3) ( 249 SE2d 33 ).

11
Prattes v. Southeast Ceramics, Inc.green
gactapp · 1974 · cited in 1 Georgia opinions naming this issue, 1989–1989
2 sentences

1989However, without a transcript we are unable to “carefully examine the record ... in the light of the entire history of the case as there presented[,]” and therefore are unable to determine whether the appeal presented a “bona fide contest over a colorable matter.” Prattes v. Southeast Ceramics, 132 Ga. App. 584, 586 (3) ( 208 SE2d 600 ) (1974).

1989However, without a transcript we are unable to “carefully examine the record ... in the light of the entire history of the case as there presented[,]” and therefore are unable to determine whether the appeal presented a “bona fide contest over a colorable matter.” Prattes v. Southeast Ceramics, 132 Ga. App. 584, 586 (3) ( 208 SE2d 600 ) (1974).

11
Hanover Insurance Company v. SCRUGGS COMPANYgreen
gactapp · 1982 · cited in 1 Georgia opinions naming this issue, 1987–1987
2 sentences

1987Co. v. Scruggs Co., 162 Ga. App. 640, 641 ( 292 SE2d 493 ) (1982).

1987Co. v. Scruggs Co., 162 Ga. App. 640, 641 ( 292 SE2d 493 ) (1982).

11
Great Atlantic & Pacific Tea Company, Inc. v. Burgessgreen
gactapp · 1981 · cited in 1 Georgia opinions naming this issue, 1985–1985
2 sentences

1985While defendant’s appeal is not meritorious, it is not “so palpably without merit as to admit of no other conclusion than that it was filed for purposes of delay.” Great A. & P. Tea Co. v. Burgess, 157 Ga. App. 632, 633 ( 278 SE2d 174 ) (1981).

1985While defendant’s appeal is not meritorious, it is not “so palpably without merit as to admit of no other conclusion than that it was filed for purposes of delay.” Great A. & P. Tea Co. v. Burgess, 157 Ga. App. 632, 633 ( 278 SE2d 174 ) (1981).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Warnock v. Davis green
ga · 1996
2 sentences

2002Damages will not be awarded under this Code section unless the Court is “fully satisfied that the cause was taken up for delay only. . . .” (Citation and punctuation omitted.) Warnock v. Davis, 267 Ga. 336 (2) ( 478 SE2d 124 ) (1996).

2002Damages will not be awarded under this Code section unless the Court is “fully satisfied that the cause was taken up for delay only. . . .” (Citation and punctuation omitted.) Warnock v. Davis, 267 Ga. 336 (2) ( 478 SE2d 124 ) (1996).

12002–2002
United Controls, Inc. v. Alpha Systems, Inc. neutral
gactapp · 1990
2 sentences

1992See Covrig v. Miller, 199 Ga. App. 864 (4) ( 406 SE2d 239 ) (1991); United Controls v. Alpha Systems, 195 Ga. App. 331 ( 393 SE2d 694 ) (1990).

1992See Covrig v. Miller, 199 Ga. App. 864 (4) ( 406 SE2d 239 ) (1991); United Controls v. Alpha Systems, 195 Ga. App. 331 ( 393 SE2d 694 ) (1990).

11992–1992
Scott v. McLaughlin green
gactapp · 1989
2 sentences

1991We are constrained to deny the motion, however, as the statute authorizes the penalty only when the judgment is affirmed, not when the appeal is dismissed. [Cit.]” Scott v. McLaughlin, 192 Ga. App. 230 (2) ( 384 SE2d 212 ) (1989).

1991We are constrained to deny the motion, however, as the statute authorizes the penalty only when the judgment is affirmed, not when the appeal is dismissed. [Cit.]” Scott v. McLaughlin, 192 Ga. App. 230 (2) ( 384 SE2d 212 ) (1989).

11991–1991

Statutes the citing opinions construe

GA § 5-6-6 (14) GA § 5-6-41 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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