O.C.G.A.
O.C.G.A.

O.C.G.A. § 44-14-235 (2019)

Appeals; possession pending appeal

✓ 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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Any judgment by the court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5 or any other applicable law. If the judgment of

the court awards possession of the secured property to the plaintiff and the defendant appeals this judgment, the defendant shall remain in possession of the secured property, provided that the defendant complies with all of the provisions of Code Section 44-14-234 until the issue has been finally determined on appeal.

History

Code 1933, § 67-706, enacted by Ga. L. 1974, p. 398, § 1.

Annotations

Law reviews. For article on this part and personal

property foreclosures, see 11 Ga. St. B. J. 230 (1975).

Notes of Decisions
Cited in 3 cases, 1991–2013 · leading case: Stanley v. Hart, 562 S.E.2d 186 (Ga. Ct. App. 2002).
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Stanley v. Hart, 562 S.E.2d 186 (Ga. Ct. App. 2002). · cites it 2× “However, OCGA § 44-14-235 governs appeals from orders on writs of possession issued in actions to foreclose *260 a security interest in personal property.”
Robenolt v. Chrysler Fin. Servs. Corp., 410 S.E.2d 365 (Ga. Ct. App. 1991). · cites it 2× “Even assuming appellant is correct, however, she would be required to make those payments pursuant to OCGA § 44-14-235, because that statute authorizes a defendant in a personal property foreclosure action to remain in possession of the secured property pending appeal of the…”
Ware v. Vanderbilt Mortg. & Fin., Inc., 740 S.E.2d 691 (Ga. Ct. App. 2013). · cites it 2× “Likewise, OCGA § 44-14-235 authorizes a debtor seeking an appeal to retain possession of the personal property at issue only if he “complies with all of the provisions of [OCGA §] 44-14-234 until the issue has been finally determined on 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.