CopyCited 55 times | Published | Supreme Court of Georgia | Jan 8, 2008 | 283 Ga. 395, 2008 Fulton County D. Rep. 61
...the clerk." Republic Claims Service Co. v. Hoyal,
264 Ga. 127, 128,
441 S.E.2d 755 (1994); Scott v. DeKalb County Hosp. Auth.,
168 Ga.App. 548(1),
309 S.E.2d 635 (1983). These criteria mirror the statutory requirements for entry of a judgment (OCGA §
9-11-58) and are a "bright-line rule of enforcement" that further the statutory dual purposes "by adding certainty and objective consistency to the manner in which its provisions are applied." DOT v....
CopyCited 53 times | Published | Supreme Court of Georgia | Dec 1, 2003 | 277 Ga. 460, 691 S.E.2d 774, 2003 Fulton County D. Rep. 3650
...The superior court dismissed the petition for mandamus, finding that such relief was not appropriate. Appellants appeal from this order. Under the Civil Practice Act (CPA), "[e]xcept when otherwise specifically provided by statute, all judgments shall be signed by the judge and filed with the clerk." OCGA §
9-11-58(a)....
...dge"). Furthermore, "[t]he filing with the clerk of a judgment, signed by the judge, constitutes the entry of the judgment, and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of the same...." OCGA §
9-11-58(b)....
...Seabolt,
220 Ga. 181(1),
137 S.E.2d 642 (1964). That rationale applies equally whether a trial court precludes further legal proceedings by ruling on the merits of a proceeding filed in that court or by denying the filing of a petition or other pleading. OCGA §
9-11-58(a) and Uniform Juvenile Court Rule 17.1 mandate that the trial judge, in the absence of an explicit statutory exception, sign "all judgments...." Indeed, in an appeal purportedly from an oral ruling, this Court remanded the case and requir...
...rative act, "when `the law has prescribed and defined the duty to be performed with such precision and certainty as to leave no room for the exercise of judgment or discretion.' [Cit.]" Henderson v. McVay,
269 Ga. 7-8(1),
494 S.E.2d 653 (1998). OCGA §
9-11-58(a), Uniform Juvenile Court Rule 17.1, and applicable case law do not leave a trial court any room to exercise its discretion by orally announcing a judgment, but declining to enter it....
CopyCited 41 times | Published | Supreme Court of Georgia | Jun 7, 2010 | 287 Ga. 324, 2010 Fulton County D. Rep. 1821
...es, intervening bona fide purchasers, or innocent third parties. [OCGA §
15-1-3(6)]...." [Cit.] "Under the Civil Practice Act all judgments are signed by the judge, and filed with the clerk. No time limit is given for such signing and filing. [OCGA §
9-11-58.] The present record contains no facts which would prevent the entry of a judgment on the verdict of the jury at a subsequent term." [Cit.] Moore v....
CopyCited 8 times | Published | Supreme Court of Georgia | Mar 25, 2016 | 787 S.E.2d 682
...rd of
attorney fees was excessive. We address these issues seriatim.
6
1. A ruling on a contempt petition, made in writing by a court of
competent jurisdiction and entered in accordance with OCGA §
9-11-58, is a
conclusive judgment as to the acts of the contemnor that were the subject of the
contempt action....
CopyCited 1 times | Published | Supreme Court of Georgia | Jun 15, 2009 | 285 Ga. 675, 2009 Fulton County D. Rep. 2007
...[1] *139 The motion to dismiss should have been granted; there was no existing marriage that could be the subject of a divorce action. The 1992 marriage had already been dissolved by the 2003 order of divorce, and no valid marriage could be entered into in 1996. Under OCGA §
9-11-58(b), a civil judgment must not only be signed by a judge, but must also be filed with the clerk, "and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of the same...." See also Titelman v....
