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

O.C.G.A. § 5-6-14 (2019)

Execution of extraordinary orders

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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When judgments are rendered on appeal in injunction or other extraordinary cases, the judges of the superior courts may give immediate effect to such judgments.

History

(Ga. L. 1870, p. 405, § 5; Code 1873, § 3215; Code 1882, § 3215; Civil Code 1895, § 5599; Civil Code 1910, § 6218; Code 1933, § 6-1806; Ga. L. 2016, p. 883, § 3-2/HB 927.)

Annotations

The 2016 amendment, effective January 1, 2017, substituted "on appeal" for "in the Supreme Court" in the middle of this Code section. See Editor's notes for applicability.

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

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/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."

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

JUDICIAL DECISIONS

When injunction is denied, execution may proceed upon filing of remittitur in clerk's office below. Brown v. Wilson, 59 Ga. 604 (1877).

Interlocutory hearing in injunction proceedings cannot be had until remittitur reversing judgment is filed in office of clerk below. Lyon v. Lyon, 103 Ga. 747, 30 S.E. 575 (1898).

RESEARCH REFERENCES

2 Am. Jur. Pleading and Practice Forms, Appeal and Error, § 871.