Damages Assessed for Frivolous Appeals

1. Law
2. Georgia Code
3. Appeal and Error
4. Appeals to Superior or State Court
5. Procedure
6. Damages Assessed for Frivolous Appeals

If upon the trial of any appeal it shall appear to the jury that the appeal was frivolous and intended for delay only, they shall assess damages against the appellant and his security, if any, in favor of the appellee for such delay, not exceeding 25 percent on the principal sum which they shall find due, which damages shall be specially noted in their verdict.

(Laws 1799, Cobb's 1851 Digest, p. 495; Code 1863, § 3552; Code 1868, § 3575; Ga. L. 1868, p. 132, § 2; Code 1873, § 3631; Code 1882, § 3631; Civil Code 1895, § 4473; Civil Code 1910, § 5018; Code 1933, § 6-602; Ga. L. 1983, p. 884, § 3-2.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Appellate Review, §§ 891, 892.

C.J.S.

- 5 C.J.S., Appeal and Error, § 754.

ALR.

- Award of damages for dilatory tactics in prosecuting appeal in state court, 91 A.L.R.3d 661.

CHAPTER 4 CERTIORARI TO SUPERIOR COURT

Sec.

• 5-4-1. When certiorari shall lie; exception.
• 5-4-2. Petition for certiorari to probate judge generally.
• 5-4-3. Petition for certiorari to inferior judicatories generally.
• 5-4-4. Petition for certiorari in appeal case tried by jury in justice of the peace court generally [Repealed].
• 5-4-5. Bond and security required; certificate of payment of costs; oath of security; affidavit of indigence.
• 5-4-6. Time for application for writ; filing of petition; service of petition and writ.
• 5-4-7. Time for filing of answer; manner of service; effect of failure to perfect service.
• 5-4-8. Writing or dictation of answer by parties, attorneys, or interested persons; when verification required.
• 5-4-9. Filing of traverse or exception to answer; perfection of answer.
• 5-4-10. Amendment of petition, bond, answer, and traverse.
• 5-4-11. Conduct of hearing generally; trial by jury.
• 5-4-12. Grounds of error considered generally; scope of review; technical distinctions abolished.
• 5-4-13. Grant of writ for failure to prove venue or time of criminal offense.
• 5-4-14. Dismissal or return of writ to lower court with instructions; entry by superior court of final decision where no questions of fact involved.
• 5-4-15. Requirement of new trial when writ not answered.
• 5-4-16. Recovery of costs by plaintiff where certiorari sustained; recovery of costs by plaintiff where certiorari returned to lower court for new trial.
• 5-4-17. Recovery of costs by defendant generally.
• 5-4-18. Recovery of damages for frivolous certiorari.
• 5-4-19. Operation of writ of certiorari as supersedeas in civil cases.
• 5-4-20. Supersedeas of criminal conviction; bond; affidavit of indigence; effect of supersedeas.

Cross references.

- Exercise of judicial power, Ga. Const. 1983, Art. VI, Sec. I, Para. IV.

Procedure for appeals from decisions of superior court reviewing decisions of lower courts by certiorari, § 5-6-35.

Description of extent of authority of superior court to exercise appellate jurisdiction and to exercise general supervision over all inferior tribunals, § 15-6-8.

JUDICIAL DECISIONS

Includable grounds.

- For certiorari, petition must set forth all of grounds asserted as error but may include only those grounds that were insisted upon at trial or hearing. Further, when it does not appear from the record that those issues were made in the trial court, the issues can not be raised by certiorari in the superior court, or reviewed in the Court of Appeals. Willis v. Jackson, 148 Ga. App. 432, 251 S.E.2d 341 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 14 Am. Jur. 2d, Certiorari, § 1 et seq.

C.J.S.

- 14 C.J.S., Certiorari, § 1 et seq.

ALR.

- Payment of fine, serving sentence, or discharge on habeas corpus, as waiver of right to review conviction, 18 A.L.R. 867; 74 A.L.R. 638.

Download our app to see the most-to-date content.