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Call Now: 904-383-7448An appeal from the final determination of the court may be taken within ten days from the rendition thereof as in other civil cases. The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the appellate court for a stay or supersedeas, and such court shall consider applications for stays or supersedeas in such cases without regard to whether any notice of appeal has been filed or the record docketed in such cases.
(Code 1933, § 34-1709, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1997, p. 590, § 41; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 60; Ga. L. 2016, p. 883, § 3-7/HB 927.)
The 2016 amendment, effective January 1, 2017, deleted "to the Supreme Court" following "thereof" in the first sentence and substituted "appellate court" for "Supreme Court" in the third sentence. See Editor's notes for applicability.
- 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/HB 927, not codified by the General Assembly, provides that: "Part III of this Act shall become effective on January 1, 2017, and shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date."
- For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 205 (2016).
Election contest is a civil case. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).
- If the contestant can sustain the charges, or enough of them to cast doubt upon whether the election was fairly and lawfully conducted, it should be voided and another held. If the contestant cannot, the election should stand. Nichols v. Acree, 112 Ga. App. 287, 145 S.E.2d 92 (1965).
- The appeal of a contestant to a city council election was dismissed as moot because the contestant failed to move to expedite consideration of an appeal in view of an impending election, and the Supreme Court of Georgia finally heard the appeal after the election had already occurred and the term of office for the seat at issue had expired. Allen v. Yost, 282 Ga. 865, 655 S.E.2d 580 (2008).
- Because the losing party to an election as the party seeking review of an election for representative to the Griffin-Spalding County board of education had the obligation to exercise the mechanisms available to produce a timely result, specifically by seeking a stay of the trial court's order to maintain the status quo or request an order of supersedeas, an appeal from the trial court's order denying a challenge to the election results was dismissed as moot. Kendall v. Delaney, 282 Ga. 482, 651 S.E.2d 685 (2007).
- Because the record showed that an unsuccessful candidate in a primary election waited nearly a month and a half to challenge that election, request a stay of the general election, or petition the Supreme Court of Georgia for an expedited appeal, the mootness doctrine applied to the challenge requiring dismissal of the appeal. McCreary v. Martin, 281 Ga. 668, 642 S.E.2d 80 (2007).
Overruling of a general demurrer (since abolished) to an election contest proceeding is appealable. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).
Cited in Payne v. Chatman, 267 Ga. 873, 485 S.E.2d 723 (1997).
- 26 Am. Jur. 2d, Elections, §§ 433, 434.
- 29 C.J.S., Elections, § 522 et seq.
Total Results: 8
Court: Supreme Court of Georgia | Date Filed: 2017-09-13
Citation: 302 Ga. 114, 805 S.E.2d 1, 2017 Ga. LEXIS 773
Snippet: the remedy provided to an appellant under OCGA § 21-2-528, she did not avail herself of any extraordinary
Court: Supreme Court of Georgia | Date Filed: 2017-04-17
Citation: 301 Ga. 27, 799 S.E.2d 180, 2017 WL 1374785, 2017 Ga. LEXIS 238
Snippet: 277 Ga. at 156 (collecting cases). While “OCGA § 21-2-528 allows a request for extraordinary relief from
Court: Supreme Court of Georgia | Date Filed: 2011-05-16
Citation: 710 S.E.2d 143, 289 Ga. 213, 2011 Fulton County D. Rep. 1471, 2011 Ga. LEXIS 385
Snippet: 155, 156, 587 S.E.2d 52 (2003). In fact, OCGA § 21-2-528 allows a request for extraordinary relief from
Court: Supreme Court of Georgia | Date Filed: 2010-09-20
Citation: 701 S.E.2d 134, 288 Ga. 26, 2010 Fulton County D. Rep. 3012, 2010 Ga. LEXIS 614
Snippet: certification of results after recount); OCGA § 21-2-528 (allowing request for extraordinary relief even
Court: Supreme Court of Georgia | Date Filed: 2007-10-09
Citation: 651 S.E.2d 685, 282 Ga. 482, 2007 Fulton County D. Rep. 3057, 2007 Ga. LEXIS 727
Snippet: or request an order of supersedeas. See OCGA § 21-2-528.[1] Delaney has filed a motion to dismiss, citing
Court: Supreme Court of Georgia | Date Filed: 2007-02-26
Citation: 642 S.E.2d 80, 281 Ga. 668
Snippet: 155, 156, 587 S.E.2d 52 (2003). In fact, OCGA § 21-2-528[4] allows a request for extraordinary relief from
Court: Supreme Court of Georgia | Date Filed: 1998-06-01
Citation: 501 S.E.2d 195, 269 Ga. 582, 98 Fulton County D. Rep. 1850, 1998 Ga. LEXIS 574
Snippet: Court for a stay or supersedeas pursuant to OCGA § 21-2-528. The run-off election was held on November 25
Court: Supreme Court of Georgia | Date Filed: 1997-04-28
Citation: 485 S.E.2d 723, 267 Ga. 873, 97 Fulton County D. Rep. 1433, 1997 Ga. LEXIS 154
Snippet: the final decision of the trial court (OCGA § 21-2-528). The Election Code gives a trial court ample