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O.C.G.A. § 9-12-90 — Judgments relating to common disaster | Georgia Code
O.C.G.A. § 9-12-90 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

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

ARTICLE 4 JUDGMENT LIENS

9-12-90. Judgments relating to common disaster.

  1. Liens of all judgments obtained in actions for damages growing out of a common disaster or occurrence shall be equal in rank or priority regardless of the date of the rendition of the verdict or the entering of the judgment. However, this Code section shall apply only to judgments obtained in actions which are filed within 12 months from the date of the happening of the disaster or occurrence giving rise to the cause of action.
  2. This Code section applies to all actions filed in the courts of this state in which damages are sought to be recovered on account of injuries sustained in or death resulting from a common disaster or occurrence.

(Ga. L. 1947, p. 1138, §§ 1, 2.)

JUDICIAL DECISIONS

Inapplicability of section.

- O.C.G.A. § 9-12-90 did not apply to a case which did not involve the priority of judgment liens. Allstate Ins. Co. v. Evans, 200 Ga. App. 713, 409 S.E.2d 273, cert. denied, 200 Ga. App. 895, 409 S.E.2d 273 (1991).

Cited in Cannon v. Tant, 229 Ga. 771, 195 S.E.2d 15 (1972); White v. Georgia Farm Bureau Mut. Ins. Co., 234 Ga. 186, 215 S.E.2d 240 (1975).

RESEARCH REFERENCES

C.J.S.

- 49 C.J.S., Judgments, § 797 et seq.

ALR.

- Priority as between decree for alimony and claims of other creditors, 66 A.L.R. 1473.

Judgment against tortfeasor's insurer in action by injured person as res judicata in similar action by another person injured in same accident, 121 A.L.R. 890.

Validity, construction, and application of statute or ordinance requiring that judgments against municipality be paid in order of their entry or in other particular sequence, 138 A.L.R. 1303.

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.