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(Code 1933, § 7-311, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, §9-9-90; Code 1981, §9-9-10, as redesignated by Ga. L. 1988, p. 903, § 1; Ga. L. 2000, p. 1589, § 3.)
- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.
- In light of the similarity of the provisions, decisions under former Code Section 9-9-90 are included in the annotations for this Code section.
Construction with § 9-9-13. - In the absence of a transcript of an arbitration hearing, the superior court erred in vacating an arbitration award in favor of a plumbing company pursuant to O.C.G.A § 9-9-13(b)(5) because nothing in the record showed that the panel had the specific intent to disregard the appropriate law; further, the arguments provided by the company did not alter this result, as its supposition did not provide viable concrete evidence that the arbitration panel purposefully intended to disregard applicable law. ABCO Builders, Inc. v. Progressive Plumbing, Inc., 282 Ga. 308, 647 S.E.2d 574 (2007).
- Where the record in a case contains no showing that petitioners seeking to vacate award objected to the timeliness of the award prior to its issuance and delivery to them, their contention that the trial court erred in confirming the award is without merit. Diversified Ass'y, Inc. v. Ra-Lin & Assocs., 186 Ga. App. 904, 368 S.E.2d 786 (1988) (decided under former § 9-9-90).
- Under O.C.G.A. § 9-9-10(a), an arbitrator in a home construction dispute was only required to issue an award in writing signed by the arbitrators joining in the award, and there was no mandate that the award include specific findings or reasons or that it expressly address each and every issue and collateral issue arising in the arbitration, so the arbitrator adequately considered the homeowners' counterclaim when, by awarding them no money, the arbitrator found the counterclaim invalid except for an amount credited against the builder's award. Marchelletta v. Seay Constr. Servs., 265 Ga. App. 23, 593 S.E.2d 64 (2004).
Cited in Faiyaz v. Dicus, 245 Ga. App. 55, 537 S.E.2d 203 (2000).
- Referee's failure to file report within time specified by statute, court order, or stipulation as terminating reference, 71 A.L.R.4th 889.
Total Results: 4
Court: Supreme Court of Georgia | Date Filed: 2018-09-10
Citation: 304 Ga. 394
Snippet: late 1800s). See also Mireles v. Waco, 502 U. S. 9, 9-10 (112 SCt 286, 116 LE2d 9) (1991). Likewise, Georgia
Court: Supreme Court of Georgia | Date Filed: 2018-09-10
Citation: 819 S.E.2d 49, 304 Ga. 394
Snippet: late 1800s). See also Mireles v. Waco, 502 U.S. 9, 9-10, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991). Likewise
Court: Supreme Court of Georgia | Date Filed: 2007-07-13
Citation: 647 S.E.2d 574, 282 Ga. 308, 2007 Fulton County D. Rep. 2276, 2007 Ga. LEXIS 533
Snippet: her rationale in reaching decisions. See OCGA § 9-9-10. In Montes, a finding of manifest disregard occurred
Court: Supreme Court of Georgia | Date Filed: 1996-04-08
Citation: 468 S.E.2d 350, 266 Ga. 592, 96 Fulton County D. Rep. 1313, 1996 Ga. LEXIS 136
Snippet: 9-9-8(b). [17] Id. § 9-9-8(e). [18] See id. § 9-9-10; Cotton States, 176 Ga.App. at 234, 335 S.E.2d