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Call Now: 904-383-7448No appeal as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken until there has been a final judgment in the trial court. The grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases.
(Ga. L. 1882-83, p. 103, § 3; Civil Code 1895, § 4874; Civil Code 1910, § 5447; Code 1933, § 64-110; Ga. L. 1946, p. 726, § 1; Ga. L. 2016, p. 865, § 3-4/HB 927.)
The 2016 amendment, effective January 1, 2017, deleted "to the Supreme Court" following "may be taken" in the middle of the first sentence. See Editor's notes for applicability.
- Ga. L. 2016, p. 865, § 1-1/HB 927, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Appellate Jurisdiction Reform Act of 2016.'"
Ga. L. 2016, p. 865, § 6-1/HB 927, not codified by the General Assembly, provides, in part, that: "Part III of this Act shall become effective on January 1, 2017, and shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date."
- For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 205 (2016).
This section does not affect right to file and prosecute motion for new trial in a mandamus case, and does not limit the time within which such a motion must be disposed of. City of Macon v. Herrington, 198 Ga. 576, 32 S.E.2d 517 (1944) (see O.C.G.A. § 9-6-1).
- Order overruling demurrers (now motions to dismiss), to petition for mandamus and for injunctive relief cannot be reviewed by Supreme Court until there has been a final judgment on the prayer for a mandamus absolute. Walker v. McKenzie, 209 Ga. 653, 74 S.E.2d 870, later appeal, 210 Ga. 189, 78 S.E.2d 486 (1953).
- The law authorizes a direct appeal to a judgment denying an application to file an information in the nature of a quo warranto. Walker v. Hamilton, 209 Ga. 735, 76 S.E.2d 12 (1953).
Cited in City of Dalton v. Smith, 158 Ga. App. 356, 280 S.E.2d 138 (1981).
17 Am. Jur. Pleading and Practice Forms, Mandamus, § 136. 18B Am. Jur. Pleading and Practice Forms, New Trial, § 1.
- Consideration of obligor's personal-injury recovery or settlement in fixing alimony or child support, 59 A.L.R.5th 489.
Total Results: 9
Court: Supreme Court of Georgia | Date Filed: 2016-07-05
Citation: 299 Ga. 315, 788 S.E.2d 392, 2016 Ga. LEXIS 448
Snippet: by Georgia’s informed consent statute, OCGA § 31-9-6.1, holding as a matter of law that it is not; Alicea
Court: Supreme Court of Georgia | Date Filed: 2011-01-24
Citation: 707 S.E.2d 344, 288 Ga. 577
Snippet: 265 Ga. 465, 458 S.E.2d 126 (1995); OCGA § 19-9-6(1). The trial court's order found both parents to
Court: Supreme Court of Georgia | Date Filed: 2009-06-08
Citation: 678 S.E.2d 80, 285 Ga. 481, 2009 Fulton County D. Rep. 1918, 2009 Ga. LEXIS 305
Snippet: which informed consent is required by OCGA § 31-9-6.1; and because the Legislature has not otherwise required
Court: Supreme Court of Georgia | Date Filed: 2008-11-03
Citation: 670 S.E.2d 73, 284 Ga. 696, 2008 Fulton County D. Rep. 3470, 2008 Ga. LEXIS 865
Snippet: Yarn decision, the legislature enacted OCGA § 31-9-6.1, which requires medical professionals to provide
Court: Supreme Court of Georgia | Date Filed: 2007-11-21
Citation: 654 S.E.2d 121, 282 Ga. 804, 2007 Fulton County D. Rep. 3609, 2007 Ga. LEXIS 857
Snippet: MCG Health, 285 Ga. App. at 580. See OCGA § 31-9-6.1 (setting forth extensive nature of risks of the
Court: Supreme Court of Georgia | Date Filed: 2006-11-30
Citation: 638 S.E.2d 302, 281 Ga. 361, 2006 Fulton County D. Rep. 3702, 2006 Ga. LEXIS 1033
Snippet: arbitration agreement. OCGA §§ 9-9-2(c), 9-9-3, 9-9-6.[1] All other issues, whether procedural or substantive
Court: Supreme Court of Georgia | Date Filed: 2005-03-07
Citation: 610 S.E.2d 48, 279 Ga. 116, 2005 Fulton County D. Rep. 660, 2005 Ga. LEXIS 162
Snippet: 201, 203 (282 SE2d 104) (1981). See OCGA § 9-6-1 et seq.
Court: Supreme Court of Georgia | Date Filed: 2000-05-01
Citation: 528 S.E.2d 785, 272 Ga. 404, 2000 Fulton County D. Rep. 1618, 2000 Ga. LEXIS 327
Snippet: disclosed all the information required in OCGA § 31-9-6.1(a)(1)-(6), was duly evidenced in writing, and was
Court: Supreme Court of Georgia | Date Filed: 2000-03-06
Citation: 528 S.E.2d 777, 272 Ga. 296, 2000 Fulton County D. Rep. 945, 2000 Ga. LEXIS 214
Snippet: finding the pleading defective under OCGA § 31-9-6.1(a). The jury returned a defendant's verdict on the