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

O.C.G.A. § 9-12-117 (2019)

Stay pending appeal

✓ 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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay the proceedings with regard to the foreign-country judgment until the time for appeal expires or the appellant has had sufficient time to prosecute the appeal and has failed to do so.

History

(Ga. L. 1975, p. 479, § 6; Code 1981, § 9-12-117, as redesignated by Ga. L. 2015, p. 996, § 2-1/SB 65.)

Annotations

The 2015 amendment, effective July 1, 2015, redesignated former Code Section 9-12-116 as present Code Section 9-12-117, and rewrote the Code section, which formerly read: "If the defendant satisfies the court either that an appeal is pending or that he is entitled and intends to appeal from the foreign judgment, the court may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal." See editor's note for applicability.

Editor's notes. - Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides:

"(a) This Act shall be known and may be cited as the 'Debtor Creditor Uniform Law Modernization Act of 2015.'

"(b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships."

Ga. L. 2015, p. 996, § 2-1, effective July 1, 2015, redesignated former Code Section 9-12-117 as present Code Section 9-12-119.

Ga. L. 2015, p. 996, § 7-1/SB 65, not codified by the General Assembly, provides, in part: "Part 2 of this Act shall apply to all actions filed on or after July 1, 2015, in which the recognition of a foreign country judgment is raised."

RESEARCH REFERENCES

Am. Jur. 2d. - 5 Am. Jur. 2d, Appellate Review, § 398 et seq. 47 Am. Jur. 2d, Judgments, §§ 775, 776.

C.J.S. - 50 C.J.S., Judgments, § 850.

U.L.A. - Uniform Foreign Money-Judgments Recognition Act (U.L.A.) § 6.