Official Code of Georgia Annotated

Title 5. APPEAL AND ERROR · Chapter 6. CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY · Article 1. GENERAL PROVISIONS

5-6-6. Damages for frivolous appeal.

Active

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

When in the opinion of the court the case was taken up for delay only, 10 percent damages may be awarded by the appellate court upon any judgment for a sum certain which has been affirmed. The award shall be entered in the remittitur.

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

Laws 1845, Cobb’s 1851 Digest, p. 450; Code 1863, § 4182; Code 1868, § 4221; Code 1873, § 4286; Code 1882, § 4286; Civil Code 1895, § 5594; Civil Code 1910, § 6213; Code 1933, § 6-1801.

Cross references

Penalty for frivolous appeals, Rules of the Supreme Court of the State of Georgia, Rule 14. Appeals deemed frivolous, Rules of the Court of Appeals of the State of Georgia, Rule 26.

Law reviews

For survey of Georgia cases dealing with workers’ compensation from June 1, 1976 through May 31, 1978, see 30 Mercer L. Rev. 269 (1978). For article, ‘‘Plying the Erie Waters: Choice of Law in the Deterrence of Frivolous Appeals,’’ see 21 Ga. L. Rev. 653 (1987). For article, ‘‘Battling the Many-Headed Hydra: Abusive Litigation Law in Georgia,’’ see 25 Ga. St. B.J. 65 (1988). For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004). For annual survey of law on appellate practice and procedure, see 62 Mercer L. Rev. 25 (2010).

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

Text read from t4-6-(v4)-2013-pdf.pdf, Volume V4, 2013 edition, page 475; merge action: carried; file SHA-256 290d3a1d6843.

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