2020 Georgia Code
Title 9 - Civil Practice
Chapter 10 - Civil Practice and Procedure Generally
Article 7 - Continuances
§ 9-10-162. Continuance After Case Sent Back by Appellate Court
When any case is sent back for trial by the Supreme Court or the Court of Appeals, the same shall be in order for trial; and, if the continuances of a party are exhausted, the trial court may grant one continuance to the party as the ends of justice may require.
(Ga. L. 1851-52, p. 216, § 6; Code 1863, § 3456; Code 1868, § 3476; Code 1873, § 3527; Code 1882, § 3527; Civil Code 1895, § 5134; Civil Code 1910, § 5720; Code 1933, § 81-1415.)
Cross references.- Corresponding provision relating to criminal procedure, § 17-8-34.
JUDICIAL DECISIONS
Effect of judgment of reversal on appellant and trial judge.
- The judgment of reversal, without more, operates only to vacate the orders and decree as therein stated, and to reinvest the trial court with jurisdiction, on the filing of the remittitur in the office of the clerk of the trial court; it neither serves as a substitute for findings for the appellant, nor enlarges the powers of the trial judge in reference thereto. Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939).
Cases are "sent back" to trial court when remittitur of Court of Appeals is transmitted to and filed in the office of its clerk. Hagan v. Robert & Co. Assocs., 222 Ga. 469, 150 S.E.2d 663 (1966).
RESEARCH REFERENCES
Am. Jur. 2d.
- 17 Am. Jur. 2d, Continuance, § 40.
C.J.S.- 17 C.J.S., Continuances, § 9.
