Purpose of section.

- Purpose of this section is to inflict punishment and to compensate respondent for delay, costs, and vexation caused by frivolous appeal. Garrison v. Wilcoxson, 11 Ga. 154 (1852); Adams v. Carnes, 111 Ga. 505, 36 S.E. 597 (1900); Hardy v. Truitt, 20 Ga. App. 529, 93 S.E. 149 (1917).

Exclusivity of remedy.

- O.C.G.A. § 5-3-31 does not provide the exclusive remedy for imposition of sanctions for appeals to the superior court; the statute applies only to cases of appeal wherein the jury returns a verdict for a sum of money. Osofsky v. Board of Mayor & Comm'rs, 237 Ga. App. 404, 515 S.E.2d 413 (1998).

To justify assessment of damages, appeal must be both frivolous and intended for delay. Gunnels v. Deavours, 57 Ga. 177 (1876).

When appeal deemed for purpose of delay.

- Appeal is intended to delay only when entirely without merit and entered merely to postpone creditor in collection of debt. Clark v. Fee, 86 Ga. 9, 12 S.E. 181 (1890).

Appellant's failure to submit evidence, by itself, is not conclusive of issue of intent to delay. Gilmore v. Wright, 20 Ga. 198 (1856).

In determining whether appeal is frivolous and intended to delay, the jury must consider all evidence. Garrison v. Wilcoxson, 11 Ga. 154 (1852).

Cited in Tommey & Stewart v. Finney, 45 Ga. 155 (1872); Robinson v. Medlock, 59 Ga. 598 (1877).

For determination by jury.

- Amount of damages (under subsection (a)) is for determination by jury, uninfluenced by opinion of court. McMillan v. Lawrence, Smith & Whilden, 25 Ga. 189 (1858).

Appropriate considerations in determining damages under section.

- See McMillan v. Lawrence, Smith & Whilden, 25 Ga. 189 (1858).

Maximum award only in extreme cases.

- Only in extreme cases should 25 percent maximum damages be awarded. McMillan v. Lawrence, Smith & Whilden, 25 Ga. 189 (1858).

Section applicable only to cases when money verdicts are rendered.

- Inasmuch as provisions of section are necessarily applicable to those cases only in which money verdicts are rendered, the judgment cannot be enforced in claim cases. Adams v. Carnes, 111 Ga. 505, 36 S.E. 597 (1900).

Section applicable to appeal by garnishee. Davis v. Rhodes, 112 Ga. 106, 37 S.E. 169 (1900).

Section not applicable to appeal of Workers' Compensation Board decisions.

- Provisions of O.C.G.A. § 5-3-31 providing for the award of attorney's fees against a party bringing a frivolous appeal do not apply to appeals to the superior court of decisions of the Workers' Compensation Board pursuant to O.C.G.A. § 34-9-105. Butlerhouse Maintenance Co. v. Greeson, 174 Ga. App. 637, 331 S.E.2d 46 (1985).

Appeal presenting bona fide contest or seeking ruling on open or doubtful question.

- If, after reviewing the whole matter the court believes that the plaintiff in error is presenting a bona fide contest over a colorable matter, though the plaintiff's view of the law may not in fact be well founded, or that the plaintiff is seeking a ruling upon an open or doubtful question, damages will be refused. United States Fid. & Guar. Co. v. Blankenship Plumbing Co., 153 Ga. App. 335, 265 S.E.2d 66 (1980).

Property alienated pending appeal is bound for payment of damages for frivolous appeal just as it is for payment of the rest of the amount of appeal judgment. Phillips v. Behn & Foster, 19 Ga. 298 (1856).

Am. Jur. 2d.

- 5 Am. Jur. 2d, Appellate Review, §§ 891, 892.

C.J.S.

- 5 C.J.S., Appeal and Error, § 754.

ALR.

- Award of damages for dilatory tactics in prosecuting appeal in state court, 91 A.L.R.3d 661.