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Ga. Const. art. VI, § V, ¶ IV — Certification of question to Supreme Court | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE VI. JUDICIAL BRANCH

Paragraph IV. Certification of question to Supreme Court.

The Court of Appeals may certify a question to the Supreme Court for instruction, to which it shall then be bound.

1976 Constitution.

- Art. VI, Sec. II, Paras. IV and VIII.

JUDICIAL DECISIONS

Certification of question authorized.

- The Court of Appeals was authorized to certify a question to the Supreme Court as to the constitutionality of retroactive application of the cap on damages recoverable against the state provided in O.C.G.A. § 50-21-26. Department of Human Resources v. Phillips, 223 Ga. App. 520, 478 S.E.2d 598 (1996).

When Supreme Court can decline to answer.

- When the answer to a certified question would constitute the decision in the main case, the Supreme Court will decline to answer the question. Lawrence v. State, 268 Ga. 420, 489 S.E.2d 850 (1997).

Certification of question of law.

- Because two conflicting decisions that governed a case regarding interpretation of O.C.G.A. § 15-11-521(b) were before the Supreme Court of Georgia on certiorari review, the court certified resolution of the case to the Supreme Court via a certified question under Ga. Const. 1983, Art. VI, Sec. V, Para. IV. To await the Supreme Court's decision would run afoul of the two-term rule, Ga. Const. 1983, Art. VI, Sec. IX, Para. II. In the Interest of J. F., 338 Ga. App. 15, 789 S.E.2d 274 (2016).