O.C.G.A.

O.C.G.A. § 10-1-787 (2019)

Finality of arbitrator’s decision; appeals by manufacturers; time for compliance with arbitrator’s decision

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The decision of the arbitrator or arbitrators is final unless a party to the arbitration, within 30 days of entry of the decision, appeals the decision to the superior court. A party who appeals a decision shall follow the procedures set forth in Chapter 3 of Title 5, and any appeal shall be de novo; however, the decision of the arbitrator or arbitrators shall be admissible in evidence. (b) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer’s financial loss due to the passage of time for review. (c) If the manufacturer appeals and the consumer prevails, recovery, in addition to the arbitrator’s award, shall include all charges incurred by the consumer during the pendency of, or as a result of, the appeal, including, but not limited to, continuing collateral and incidental costs, technical or expert witness fees, attorney’s fees, and court costs. (d) A manufacturer which does not appeal a decision in favor of a consumer must fully comply with the decision within 40 days of entry thereof. If a manufacturer does not fully comply within the 40 day time period, the Attorney General may issue an order imposing a civil penalty of up to $1,000.00 per day for each day that the manufacturer remains out of compliance. The provisions of Code Sections 10-1-398 and 10-1-398.1 shall apply in connection with the imposition of a civil penalty under this subsection. It shall be an affirmative defense to the imposition of a civil penalty under this subsection that a delay or failure to comply was beyond the manufacturer’s control or that a delay was acceptable to the consumer.

History

Code 1981, § 10-1-787, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148; Ga. L. 2022, p. 767, § 2-3/HB 916. Amendments. The 2022 amendment, effective July 1, 2023, deleted “Article 2 of” preceding “Chapter 3” in subsection (a). See Editor’s note for applicability.

Annotations

Editor’s notes. Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes the amendment of this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2024 · leading case: Winnebago Indus., Inc. v. James W. Simpson (Ga. Ct. App. 2020).
Winnebago Indus., Inc. v. James W. Simpson (Ga. Ct. App. 2020). · cites it 6× “Winnebago appealed the arbiters’ decision to the superior court pursuant to OCGA § 10-1-787 (a). In January 2018, Winnebago filed a motion for summary judgment, which the trial court denied in two identical orders filed on June 25, 2018 and August 1, 2018.”
Kl Prods., LLC v. Mercedes-benz U.s.a., LLC (Ga. Ct. App. 2024). · cites it 4× “The Consumer appealed the Panel’s decision to the superior court pursuant to OCGA § 10-1-787 (a).3 After the superior court affirmed the Panel’s decision and entered summary judgment in favor of the Manufacturer, the Consumer filed this direct appeal.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.