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2018 Georgia Code 5-6-9 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-6-9 Case Law from Google Scholar Amendments to OCGA 5-6-9

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

5-6-9. Transmittal of opinion to lower court generally.

  1. 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.
  2. 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.

(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.)

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 disposition 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 should enter order sustaining exceptions of law, and a finding sustaining exceptions of fact when a jury trial is not demanded. Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939).

Cases Citing Georgia Code 5-6-9 From Courtlistener.com

Total Results: 9

Hulett v. State

Court: Supreme Court of Georgia | Date Filed: 2014-10-20

Citation: 296 Ga. 49, 766 S.E.2d 1, 2014 Ga. LEXIS 817

Snippet: 371-372. We now proceed to determine whether Counts 5, 6, 9, 12, and 13 merge as a matter of fact into the

Foster v. State

Court: Supreme Court of Georgia | Date Filed: 2010-11-01

Citation: 701 S.E.2d 189, 288 Ga. 98, 2010 Fulton County D. Rep. 3491, 2010 Ga. LEXIS 814

Snippet: the victim's family. . . ." OCGA § 17-10-1.2(b)(5), (6).[9] 7. Finally, Foster claims that his trial counsel

Busch v. State

Court: Supreme Court of Georgia | Date Filed: 1999-11-01

Citation: 523 S.E.2d 21, 271 Ga. 591, 99 Fulton County D. Rep. 3974, 1999 Ga. LEXIS 912

Snippet: of a crime (the possession offenses were Counts 5, 6, 9, 13, 16, 19, and 21 of the indictment). The various

McDowell v. State

Court: Supreme Court of Georgia | Date Filed: 1977-09-08

Citation: 238 S.E.2d 415, 239 Ga. 626, 1977 Ga. LEXIS 1274

Snippet: forth in support of enumerations of error 3, 4, 5, 6, 9, 11, 13 and 14 and we find no error. 5. Appellant

Reynolds v. Reynolds

Court: Supreme Court of Georgia | Date Filed: 1961-09-08

Citation: 123 S.E.2d 115, 217 Ga. 234, 1961 Ga. LEXIS 423

Snippet: For the reasons stated in divisions 1, 2, 3, 4, 5, 6, 9, 11, 12, 13, 14, 19, 21, 22, 23, 25, 26, and this

Teague v. Keith

Court: Supreme Court of Georgia | Date Filed: 1959-04-10

Citation: 108 S.E.2d 489, 214 Ga. 853, 1959 Ga. LEXIS 372

Snippet: and (13) of ground 7; subgrounds (3), (4), (5), (6), (9), and (10) of ground 8; subground (3) of ground

City of Macon v. Ries

Court: Supreme Court of Georgia | Date Filed: 1935-02-18

Citation: 180 Ga. 371, 1935 Ga. LEXIS 262, 179 S.E. 529

Snippet: “moved to strike said amendment.” Grounds 1, 4, 5, 6, 9, 10, and 11 have been expressly abandoned. In the

Padgett v. State

Court: Supreme Court of Georgia | Date Filed: 1933-01-20

Citation: 176 Ga. 314, 168 S.E. 53, 1933 Ga. LEXIS 65

Snippet: court erred in not sustaining special grounds 5, 6, 9, 10, 13, and 15 of the motion for a new trial.

Mayor of Savannah v. State ex rel. Green

Court: Supreme Court of Georgia | Date Filed: 1848-01-15

Citation: 4 Ga. 26

Snippet: to these officers. Dawson’s Comp, p. 464, secs. 5, 6, 9. Damp. Act of 1838, p. 63, sec. 2. Act of 1815