No appeal as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken until there has been a final judgment in the trial court. The grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases.
(Ga. L. 1882-83, p. 103, § 3; Civil Code 1895, § 4874; Civil Code 1910, § 5447; Code 1933, § 64-110; Ga. L. 1946, p. 726, § 1; Ga. L. 2016, p. 865, § 3-4/HB 927.)
The 2016 amendment, effective January 1, 2017, deleted "to the Supreme Court" following "may be taken" in the middle of the first sentence. See Editor's notes for applicability.
Editor's notes.- Ga. L. 2016, p. 865, § 1-1/HB 927, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Appellate Jurisdiction Reform Act of 2016.'"
Ga. L. 2016, p. 865, § 6-1/HB 927, not codified by the General Assembly, provides, in part, that: "Part III of this Act shall become effective on January 1, 2017, and shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date."
Law reviews.- For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 205 (2016).
JUDICIAL DECISIONS
This section does not affect right to file and prosecute motion for new trial in a mandamus case, and does not limit the time within which such a motion must be disposed of. City of Macon v. Herrington, 198 Ga. 576, 32 S.E.2d 517 (1944) (see O.C.G.A. § 9-6-1).
Final judgment on prayer for mandamus prerequisite to appeal.
- Order overruling demurrers (now motions to dismiss), to petition for mandamus and for injunctive relief cannot be reviewed by Supreme Court until there has been a final judgment on the prayer for a mandamus absolute. Walker v. McKenzie, 209 Ga. 653, 74 S.E.2d 870, later appeal, 210 Ga. 189, 78 S.E.2d 486 (1953).
Direct appeal of denial of application in nature of quo warranto.
- The law authorizes a direct appeal to a judgment denying an application to file an information in the nature of a quo warranto. Walker v. Hamilton, 209 Ga. 735, 76 S.E.2d 12 (1953).
Cited in City of Dalton v. Smith, 158 Ga. App. 356, 280 S.E.2d 138 (1981).
RESEARCH REFERENCES17 Am. Jur. Pleading and Practice Forms, Mandamus, § 136. 18B Am. Jur. Pleading and Practice Forms, New Trial, § 1.
ALR.- Consideration of obligor's personal-injury recovery or settlement in fixing alimony or child support, 59 A.L.R.5th 489.
ARTICLE 2 MANDAMUS
RESEARCH REFERENCES
ALR.- Allowance of attorneys' fees in mandamus proceedings, 34 A.L.R.4th 457.