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Official Code of Georgia Annotated

Title 5. APPEAL AND ERROR · Chapter 3. SUPERIOR AND STATE COURT APPELLATE PRACTICE

5-3-19. Status after dismissal or withdrawal of petition for review.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    If a petition for review is dismissed or withdrawn pursuant to this chapter, the rights of all parties shall be the same as if no appeal had been filed. Notwithstanding any other provision of law, the dismissal or withdrawal of a petition for review under this chapter shall:#

    1. (1)

      Dismiss the petition for review;#

    2. (2)

      Not dismiss the petitioner’s underlying case from the lower judicatory or vacate the final judgment of the lower judicatory; and#

    3. (3)

      Reinstate the final judgment of the lower judicatory as if the petition for review had not been filed.#

  2. (b)

    This Code section shall apply to all cases appealed under this chapter regardless of the standard of review applied under Code Section 5-3-5.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 5-3-19, enacted by Ga. L. 2022, p. 767, § 1-1/HB 916.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t4-6-(v4)-pdf.pdf, Volume V4, 2013 edition, 2025 supplement, pages 71 to 72; merge action: added; file SHA-256 9d1b53199f62.