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2018 Georgia Code 5-6-13 | Car Wreck Lawyer

TITLE 5 APPEAL AND ERROR

Section 6. Certiorari and Appeals to Appellate Courts Generally, 5-6-1 through 5-6-51.

ARTICLE 1 GENERAL PROVISIONS

5-6-13. Granting of supersedeas in cases of contempt.

  1. A judge of any trial court or tribunal having the power to adjudge and punish for contempt shall grant to any person convicted of or adjudged to be in contempt of court a supersedeas upon application and compliance with the provisions of law as to appeal and certiorari, where the person also submits, within the time prescribed by law, written notice that he intends to seek review of the conviction or adjudication of contempt. It shall not be in the discretion of any trial court judge to grant or refuse a supersedeas in cases of contempt.
  2. This Code section shall not apply to contempt in the presence of the court during the progress of a proceeding.

(Ga. L. 1939, p. 260, § 1.)

Cross references.

- Supersedeas, Rules of the Supreme Court of the State of Georgia, Rule 12.

Supersedeas, Rules of the Court of Appeals of the State of Georgia, Rule 50.

Law reviews.

- For article, "Jury Trials in Contempt Cases," see 20 Ga. B.J. 297 (1957). For article on domestic relations, see 66 Mercer L. Rev. 65 (2014). For article, "How Not to Get Thrown in Jail," see 22 Ga. Bar. J. 17 (June 2017).

JUDICIAL DECISIONS

Grant of supersedeas is mandatory upon giving of required notice.

- Under subsection (a), one adjudged in contempt is entitled as a matter of right to a supersedeas upon written notice that one intends to except to court's judgment. Cody v. Cody, 221 Ga. 677, 146 S.E.2d 778 (1966).

Trial court did not have discretion to grant or refuse a supersedeas in the parent's contempt case and should not have confined the parent to jail for two days as a mandatory halt was required after the parent submitted an application and written notice indicating the parent's intention to seek an appeal of the civil contempt ruling against the parents. Binkley v. Flatt, 256 Ga. App. 263, 568 S.E.2d 95 (2002).

Grant of supersedeas proper.

- Read together, O.C.G.A. §§ 5-6-13(a) and5-6-46(a) required the trial court to grant the husband a supersedeas when the husband filed a "Notice of Intent to Appeal" and to grant the wife's motion to require the husband to post a supersedeas bond. Horn v. Shepherd, 292 Ga. 14, 732 S.E.2d 427 (2012).

Subsection (b) does not preclude review of judgments within its scope.

- While grant of supersedeas for contempt committed in presence of court is a matter within sound discretion of trial court before whom contempt is committed, and while person so held is not as a matter of right entitled to a hearing, such judgment of the trial court is nevertheless reviewable by the Court of Appeals. Garland v. Tanksley, 99 Ga. App. 201, 107 S.E.2d 866 (1959).

Failure to grant requested supersedeas moot.

- Mother who was found in contempt for denying a child's father his visitation rights had appealed only the trial court's visitation modification and not the trial court's finding of contempt; therefore, her challenge to the trial court's denial of supersedeas under O.C.G.A. § 5-6-13(a) based on O.C.G.A. § 5-6-34(e) was moot. Weeks v. Weeks, 324 Ga. App. 785, 751 S.E.2d 575 (2013).

Failure to give required notice for grant of supersedeas.

- Trial court did not err in refusing to grant supersedeas when there was no indication that the complainant submitted a written notice of intent to appeal and when there was no evidence that the complainant complied with O.C.G.A. § 5-6-13. Blake v. Spears, 254 Ga. App. 21, 561 S.E.2d 173 (2002).

Trial court did not err in failing to release a father from incarceration while the father's appeal of a contempt order was pending because there was no indication that the father submitted either an application for supersedeas or a written notice of intent to appeal as required by O.C.G.A. § 5-6-13(a). Cross v. Ivester, 315 Ga. App. 760, 728 S.E.2d 299 (2012).

Cited in Smith v. Smith, 224 Ga. 689, 164 S.E.2d 225 (1968); Calvert Enters., Inc. v. Griffin-Spalding County Hosp. Auth., 197 Ga. App. 727, 399 S.E.2d 287 (1990); In re Hughes, 299 Ga. App. 66, 681 S.E.2d 745 (2009).

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Appellate Review, §§ 197, 421.

C.J.S.

- 17 C.J.S., Contempt, §§ 168, 218 et seq.

Cases Citing O.C.G.A. § 5-6-13

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Massey v. Massey, 294 Ga. 163 (Ga. 2013).

Cited 48 times | Published | Supreme Court of Georgia | Nov 18, 2013 | 751 S.E.2d 330, 2013 Fulton County D. Rep. 3497

...Had Husband properly filed an application for discretionary appeal, that also would have acted as a supersedeas. See OCGA § 5-6-35 (h) (“The filing of an application for appeal shall act as a supersedeas to the extent that a notice of appeal acts as supersedeas.”). See also OCGA § 5-6-13 (a) (requiring trial courts with contempt power to grant a supersedeas “upon application and compliance with the provisions of law as to appeal and certiorari, where the person also submits, within the time prescribed by law, written noti...
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Mondy v. Magnolia Advanced Materials, Inc, 303 Ga. 764 (Ga. 2018).

Cited 34 times | Published | Supreme Court of Georgia | Jun 4, 2018

...contempt for violation of a previous order and makes it clear that the ruling is effective immediately, the person must comply with the ruling, including any sanction or purge condition imposed, until the ruling is superseded, vacated, or reversed. See OCGA § 5-6-13 (governing the granting of supersedeas by trial courts in contempt cases)....
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Mondy v. Magnolia Advanced Materials, Inc., 815 S.E.2d 70 (Ga. 2018).

Cited 33 times | Published | Supreme Court of Georgia | Jun 4, 2018

...for violation of a previous order and makes it clear that the ruling is effective immediately, the person must comply with the ruling, including any sanction or purge condition imposed, until the ruling is superseded, vacated, or reversed. See OCGA § 5-6-13 (governing the granting of supersedeas by trial courts in contempt cases)....
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Horn v. Shepherd, 292 Ga. 14 (Ga. 2012).

Cited 30 times | Published | Supreme Court of Georgia | Oct 15, 2012 | 732 S.E.2d 427, 2012 Fulton County D. Rep. 3141

...Husband argues that the trial court erred in granting Wife’s motion to require him to post a supersedeas bond and in setting the amount of the bond at $14,000 when the amount he was held in contempt for failing to pay was only $10,908.03. According to Husband, the supersedeas bond order “undermined” OCGA § 5-6-13 (a), which states: A judge of any trial court or tribunal having the power to adjudge and punish for contempt shall grant to any person convicted of or adjudged to be in contempt of court a super-sedeas upon application and compliance with...
...n with such surety and in such amount as the court may require, conditioned for the satisfaction of the judgment in full, together with costs, interest, and damages for delay if the appeal is found to be frivolous .... (Emphasis added.) Both OCGA §§ 5-6-13 and 5-6-46 relate to the same subject matter, and they therefore should be construed together....
...See U. S. Bank Nat. Assn. v. Gordon, 289 Ga. 12, 15 (709 SE2d 258) (2011) (“ ‘[Statutes “in pari materia,” i.e., statutes relating to the same *21subject matter, must be construed together.’ ” (citation omitted)). Read together, OCGA §§ 5-6-13 (a) and 5-6-46 (a) required the trial court to grant Husband a supersedeas when he filed his “Notice of Intent to Appeal” and to grant Wife’s motion to require Husband to post a supersedeas bond....
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In the Matter of Cynthia Ann Lain (five Cases), 311 Ga. 427 (Ga. 2021).

Cited 8 times | Published | Supreme Court of Georgia | Apr 19, 2021

...failed to appear for the hearing on her IFP petition and why she requested a continuance. Lain failed to appear for that hearing as well, and the court therefore issued another bench warrant. Lain then filed a motion for supersedeas under OCGA § 5-6-13, requesting that the court stay the arrest orders issued against her, and a notice of appeal from the last rule nisi issued against her....
...Judge Harper subsequently denied her motions, finding that they contained false information, including that she had been adjudged in contempt by 17 oral order in this matter, and noting that an adjudication of contempt is a prerequisite for obtaining a supersedeas under OCGA § 5-6-13 (a). On June 23, 2017, Lain’s client attended her rescheduled pretrial hearing, and a different attorney unknown to the client attended the pretrial hearing on behalf of Lain....