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

O.C.G.A. § 9-6-28 (2019)

Appeal

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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.
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(a) Upon refusal of the court to grant the mandamus nisi, the applicant may appeal as in other cases. Either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise appeal. (b) Mandamus cases shall be heard on appeal under the same laws and rules as apply to injunction cases.

History

Ga. L. 1882-83, p. 103, §§ 3, 5; Civil Code 1895, §§ 4874, 4875; Civil Code 1910, §§ 5447, 5448; Code 1933, §§ 64110, 64-111; Ga. L. 1946, p. 726, § 1; Ga. L. 2016, p. 865, § 3-5/HB 927.

Annotations

Editor’s notes. 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.” Law reviews. For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 205 (2016).

JUDICIAL DECISIONS Supreme Court empowered to review contempt of mandamus actions. - A proceeding for contempt in violation of a mandamus absolute is so connected with the mandamus that a writ of error (now notice of appeal) to review a judgment therein should be treated as a case involving an extraordinary remedy within the constitutional provision conferring jurisdiction upon the Supreme Court. Settle v. McWhorter, 203 Ga. 93, 45 S.E.2d 210, 1947 Ga. LEXIS 553 (1947). Court of Appeals lacking in jurisdiction. - Where petitioners brought mandamus seeking to require judge to

certify a bill of exceptions (now notice of appeal), and the judgment complained of is one wherein the Supreme Court and not the Court of Appeals would have jurisdiction of an appeal in that such judgment ordered, among other things, title to land transferred by deed and a petition seeking an injunction dismissed, the petition for writ of mandamus must be dismissed since the Court of Appeals was without authority either to pass on the merits of the petition or to transfer such petition to the Supreme Court. Scott v. Hubert, 99 Ga. App. 784, 109 S.E.2d 614, 1959 Ga. App. LEXIS 963 (1959).

RESEARCH REFERENCES Am. Jur. 2d. 52 Am. Jur. 2d, Mandamus, § 424 et seq.

C.J.S. 55 C.J.S., Mandamus, § 366. 74 C.J.S., Quo Warranto, § 89 et seq.

ARTICLE 3 PROHIBITION

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2005–2023 · leading case: Kappelmeier v. Iannazzone, 610 S.E.2d 60 (Ga. 2005).
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Kappelmeier v. Iannazzone, 610 S.E.2d 60 (Ga. 2005). · cites it 2× “OCGA § 9-6-28. 2. The superior court did not err in refusing to grant a mandamus nisi and dismissing the petition.”
Hansen v. Dekalb Cnty. Bd. of Tax Assessors, 761 S.E.2d 35 (Ga. 2014). · cites it 2× “III (5); OCGA § 9-6-28 (a). 2 This provision authorizes taxpayers to record, at their own expense, “any interview with any officer or employee of the taxing authority relating to the valuation of the taxpayer’s property.”
Venterra Pollard v. David Cooper (Ga. Ct. App. 2023). · cites it 8× “” OCGA § 9-6-28 (b). Bankers, 209 Ga. at 277 (same).”
James R. Reaves v. City of Fayetteville (Ga. Ct. App. 2016). · cites it 2× “See OCGA § 9-6-28; see also Saxton v. Coastal Dialysis &c.”
Hansen v. Dekalb Cnty. Bd. of Tax Assessors (Ga. 2014). · cites it 2× “III (5); OCGA § 9-6-28 (a). documents reviewed in making initial and revised assessments of each property, all properties used as “qualified comparable properties” in such assessments, all appraisers who made such assessments and their qualifications, and all factors used in…”
Wesley Eugene Dollar v. State (Ga. Ct. App. 2012). · cites it 2× “III (5); OCGA § 9-6-28. Court of Appeals of the State of Georgia 06/20/2012 Clerk’s Office, Atlanta,_________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.”
Lewis Parker Walker v. Shelia H. Perry (Ga. Ct. App. 2012). · cites it 2× “III (5); OCGA § 9-6-28. Court of Appeals of the State of Georgia 07/10/2012 Clerk’s Office, Atlanta,_________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.”
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