Transmittal of Opinion to Lower Court Generally

1. Law
2. Georgia Code
3. Appeal and Error
4. Certiorari and Appeals to Appellate Courts Generally
5. General Provisions
6. Transmittal of Opinion to Lower Court Generally

1. Where a further hearing of the case is to follow in the lower court, the clerk of the appellate court shall transmit a copy of the opinion to the clerk of the lower court, without charge, as soon as the opinion is written out. The copy shall remain on file for the information of the court and the parties.
2. The appellate court, on rendering its decision in any case, shall instruct the clerk whether the case comes within the terms of this Code section; and a note of such instructions shall be entered on the minutes of the court.

(Ga. L. 1887, p. 106, §§ 1, 2; Civil Code 1895, §§ 5595, 5596; Civil Code 1910, §§ 6214, 6215; Code 1933, §§ 6-1802, 6-1803; Ga. L. 1982, p. 3, § 5.)

Cross references.

- Transmittal of remittitur, Rules of the Court of Appeals of the State of Georgia, Rule 49.

JUDICIAL DECISIONS

Filing of remittitur merely annuls and vacates orders which have been reversed, leaving examiner's report standing as before, and restoring exceptions to their original status - neither sustained nor overruled, but ripe for disposition according to law. Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939).

Effect of reversal by Supreme Court is to place case where it stood prior thereto; and thereafter the trial court should enter order sustaining exceptions of law, and a finding sustaining exceptions of fact when a jury trial is not demanded. Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939).

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