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2018 Georgia Code 15-2-16 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-2-16 Case Law from Google Scholar Amendments to OCGA 15-2-16

TITLE 15 COURTS

Section 2. Supreme Court, 15-2-1 through 15-2-47.

ARTICLE 1 GENERAL PROVISIONS

15-2-16. Reversal and affirmance; minutes and reports to show concurrences and dissents.

  1. In all cases decided by the Supreme Court, the concurrence of a majority of the Justices shall be essential to a judgment of reversal. If the Justices are evenly divided, the judgment of the court below shall stand affirmed. In all cases decided by the court, with at least a quorum but less than nine Justices, the concurrence of at least five shall be essential to the rendition of a judgment.
  2. Both the minutes and the printed official reports shall show how many and which Justices concurred in each judgment rendered and which, if any, dissented therefrom.

(Ga. L. 1896, p. 42, § 5; Civil Code 1910, § 6116; Code 1933, § 24-4015; Ga. L. 1983, p. 956, § 3; Ga. L. 2016, p. 883, § 4-3/HB 927.)

The 2016 amendment, in the third sentence of subsection (a), substituted "nine Justices, the concurrence of at least five" for "seven Justices, the concurrence of at least four", and deleted "; and, if only four Justices act upon a case and they are evenly divided, the case shall be reargued before a full bench, if possible, before the term closes; and, if not possible, the judgment of the court below shall stand affirmed" at the end. See Editor's notes for effective date.

Editor's notes.

- Ga. L. 2016, p. 883, § 1-1/HB 927, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Appellate Jurisdiction Reform Act of 2016.'"

Ga. L. 2016, p. 883, § 6-1(d)/HB 927, not codified by the General Assembly, provides that: "Part IV of this Act shall only become effective if funds are appropriated for the purpose of Part IV of this Act in an appropriations Act enacted at the 2016 regular session of the General Assembly. If funds are so appropriated, then Part IV of this Act shall become effective on July 1, 2016, for purposes of making the initial appointments of the Supreme Court Justices created by this Act, and for all other purposes Part IV of this Act shall become effective on January 1, 2017. If funds are not so appropriated, then Part IV of this Act shall not become effective and shall stand repealed on July 1, 2016." Funds were appropriated at the 2016 regular session.

Law reviews.

- For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 205 (2016).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 6-16-11, are included in the annotations for this Code section.

Trial court affirmed if Supreme Court evenly divided.

- In case of a decision by entire court of six justices, if the court is evenly divided, the judgment of the trial court stands affirmed by operation of law. Inter-City Coach Lines v. City of Atlanta, 170 Ga. 905, 154 S.E. 352 (1930) (decided under Ga. Const. 1877, Art. VI, Sec. II, Para. VIII).

"Full bench rule" repealed.

- "Full bench rule" wherein unanimous decisions of Supreme Court could not be overruled except by unanimous decisions has been repealed; stability and certainty in law are desirable, but when a majority of the court determines that stability must give way to justice, then justice prevails. Hall v. Hopper, 234 Ga. 625, 216 S.E.2d 839 (1975) (decided under former Code 1933, § 6-1611).

Cited in Irby v. Allen & Co., 161 Ga. 858, 131 S.E. 910 (1926); Ward v. Big Apple Super Mkts. of Bolton Rd., Inc., 223 Ga. 756, 158 S.E.2d 396 (1967).

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