O.C.G.A.

O.C.G.A. § 5-6-9 (2019)

Transmittal of opinion to lower court generally

✓ 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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(a) Where a further hearing of the case is to follow in the lower court, the clerk of the appellate court shall transmit a copy of the opinion to the clerk of the lower court, without charge, as soon as the opinion is written out. The copy shall remain on file for the information of the court and the parties.

(b) The appellate court, on rendering its decision in any case, shall instruct the clerk whether the case comes within the terms of this Code section; and a note of such instructions shall be entered on the minutes of the court.

History

(Ga. L. 1887, p. 106, §§ 1, 2; Civil Code 1895, §§ 5595, 5596; Civil Code 1910, §§ 6214, 6215; Code 1933, §§ 6-1802, 6-1803; Ga. L. 1982, p. 3, § 5.)

Annotations

Cross references. - Transmittal of remittitur, Rules of the Court of Appeals of the State of Georgia, Rule 49. JUDICIAL DECISIONS Filing of remittitur merely annuls and vacates orders which have been reversed, leaving examiner’s report standing as before, and restoring exceptions to their original status - neither sustained nor overruled, but ripe for dis-

position according to law. Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939). Effect of reversal by Supreme Court is to place case where it stood prior thereto; and thereafter the trial court

Page: 490

GA RV 13 RV 4(T4-6) - EP

should enter order sustaining exceptions of law, and a finding sustaining exceptions of fact when a jury trial is not demanded.

Date: 06/14/13 Time: 12:43:34

Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939).

Notes of Decisions

Cited in 2 cases, 1985–1989 · leading case: Segrest v. Intown True Value Hardware, Inc., 379 S.E.2d 615 (Ga. Ct. App. 1989).

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Segrest v. Intown True Value Hardware, Inc., 379 S.E.2d 615 (Ga. Ct. App. 1989). · cites it 4× “On June 8, 1988, appellants filed a motion for reconsideration, which was denied by the trial court on July 18, 1988. By order filed June 16, 1988, the trial court granted appellant's motion for extension of time for filing Notice of Appeal until July 17, 1988.”

Marsh v. Way, 326 S.E.2d 499 (Ga. Ct. App. 1985). · cites it 2× “; see also OCGA §§ 5-6-9, 5-6-10. The trial court did not err in refusing to open the default judgment, and appellant’s fourth enumeration is without merit.”

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.