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2018 Georgia Code 9-12-23 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-12-23 Case Law from Google Scholar Amendments to OCGA 9-12-23

TITLE 9 CIVIL PRACTICE

Section 12. Verdict and Judgment, 9-12-1 through 9-12-138.

ARTICLE 1 GENERAL PROVISIONS

9-12-23. Effect of consent judgment.

The consent of the parties to a judgment has the effect of removing any issuable defenses previously filed. After such a consent the court may render judgment without the verdict of a jury.

(Code 1981, §9-12-23, enacted by Ga. L. 1982, p. 1262, § 1.)

JUDICIAL DECISIONS

Consent judgment not binding on nonparty.

- Consent judgment and the determination therein that the settlement is "just and fair" are not binding upon a nonparty joint tortfeasor sued for contribution. Wilson v. Norfolk S. Corp., 200 Ga. App. 523, 409 S.E.2d 84 (1991).

Testing consent judgment by extraordinary motion for new trial.

- Putative father's petition for a blood test was, in substance, an extraordinary motion for a new trial based on newly discovered evidence and O.C.G.A. § 9-12-23 was not a barrier to his attack upon an earlier consent judgment entered in a support proceeding. Department of Human Resources v. Browning, 210 Ga. App. 546, 436 S.E.2d 742 (1993).

Cited in New v. Wilkins, 178 Ga. App. 337, 343 S.E.2d 136 (1986); Venture Design, Ltd. v. Original Appalachian Artworks, Inc., 197 Ga. App. 432, 398 S.E.2d 781 (1990).

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