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2018 Georgia Code 5-6-44 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-6-44 Case Law from Google Scholar Amendments to OCGA 5-6-44

TITLE 5 APPEAL AND ERROR

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

ARTICLE 2 APPELLATE PRACTICE

5-6-44. Authorization and procedure generally for filing of joint appeals, motions for new trial, and other motions; division of costs between parties.

  1. Whenever two or more persons are defendants or plaintiffs in an action, and a judgment, verdict, or decree has been rendered against each of them, jointly or severally, or where two or more cases are tried together, the plaintiffs or defendants, as the case may be, shall be entitled, but not required, to file joint appeals, motions for new trial, motions in arrest, motions to set aside, and motions for judgment notwithstanding the verdict, without regard to whether the parties have a joint interest, or whether the cases were merely consolidated for purposes of trial, or whether the cases were simply tried together without an order of consolidation.
  2. Where joint appeals are filed, the appealing parties may nevertheless be entitled, but not required, to file separate enumerations of error in the appellate court.
  3. When separate appeals, motions for new trial, or motions for judgment notwithstanding the verdict are filed, only one transcript of evidence and proceedings (where required) and only one record need be prepared, filed, or transmitted to the appellate court (as the case may be).
  4. In such cases, the court shall by order specify the division of costs between the parties.
  5. This Code section shall apply to both civil and criminal cases.

(Ga. L. 1965, p. 18, § 15; Ga. L. 1968, p. 1072, § 4.)

JUDICIAL DECISIONS

Intent of section is to allow joint motions for new trial when two cases are consolidated for purposes of trial. Fair v. State, 220 Ga. 750, 141 S.E.2d 431 (1965).

Consolidation of cases for trial does not merge cases into one; thus, consent by nonresident plaintiff to consolidation of suits with several plaintiffs does not constitute waiver of venue so that the defendant can bring a nonresident plaintiff into one of the separate actions as a third-party defendant. Louisville & N.R.R. v. Bush, 131 Ga. App. 405, 206 S.E.2d 58 (1974).

Cited in Moore v. State Hwy. Dep't, 117 Ga. App. 15, 159 S.E.2d 428 (1967); Daniel v. Yow, 226 Ga. 544, 176 S.E.2d 67 (1970); Marietta Broadcasting Co. v. Advance Mktg. Research, Inc., 231 Ga. 13, 200 S.E.2d 134 (1973); Security Mgt. Co. v. King, 132 Ga. App. 618, 208 S.E.2d 576 (1974); Colley v. Dillon, 158 Ga. App. 416, 280 S.E.2d 425 (1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Appellate Review, §§ 231 et seq., 849 et seq.

C.J.S.

- 4 C.J.S., Appeal and Error, §§ 8, 237 et seq., 278, 325 et seq.

ALR.

- Right to appellate review, on single appellate proceeding, of separate actions consolidated for trial together in lower court, 36 A.L.R.2d 823.

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