2020 Georgia Code
Title 9 - Civil Practice
Chapter 12 - Verdict and Judgment
Article 1 - General Provisions
§ 9-12-19. Judgment Suspended by Appeal
Where a judgment is entered and, within the time allowed for entering an appeal, an appeal is entered, the judgment shall be suspended.
(Orig. Code 1863, § 3488; Code 1868, § 3511; Code 1873, § 3569; Code 1882, § 3569; Civil Code 1895, § 5340; Civil Code 1910, § 5935; Code 1933, § 110-303.)
Cross references.- For similar provisions, see § 5-3-7.
As to certiorari and appeals to appellate courts generally, see T. 5, C. 6.
As to staying of proceedings to enforce judgments generally, see § 9-11-62.
JUDICIAL DECISIONS
Suspension of judgment not to affect creditor's rights.
- While judgment is suspended upon the entering of an appeal, such suspension is not to affect the creditor's rights. In re Tinsley, 421 F. Supp. 1007 (M.D. Ga. 1976), aff'd, 554 F.2d 1064 (5th Cir. 1977).
Appeal from order appointing administrator.
- Appeal from an ordinary's (now probate judge) order appointing an administrator suspends the judgment, but it does not vacate the judgment. Shadburn Banking Co. v. Streetman, 180 Ga. 500, 179 S.E. 377 (1935).
Supersedeas deprives the trial court of jurisdiction to take further proceedings towards enforcement of the judgment superseded. Tyree v. Jackson, 226 Ga. 642, 177 S.E.2d 159 (1970).
Simultaneous state and federal actions.
- When simultaneous actions challenging the constitutionality of O.C.G.A. § 36-1-16 were pending in state and federal court, and an appeal from the federal district court order was pending, estoppel by judgment precluded state court consideration of the matter on appeal because judgments from a federal court remain binding during the pendency of an appeal and are not suspended. Mayor of Forsyth v. Monroe County, 260 Ga. 296, 392 S.E.2d 865 (1990).
Cited in New Amsterdam Cas. Co. v. Russell, 103 Ga. App. 553, 120 S.E.2d 150 (1961); Lexington Developers, Inc. v. O'Neal Constr. Co., 143 Ga. App. 440, 238 S.E.2d 770 (1977); Bell v. Bell, 247 Ga. App. 462, 543 S.E.2d 455 (2000); Amstead v. McFarland, 287 Ga. App. 135, 650 S.E.2d 737 (2007).
RESEARCH REFERENCES
C.J.S.
- 50 C.J.S., Judgments, § 850.
ALR.
- Appeal from award of injunction as stay or supersedeas, 93 A.L.R. 709.
Right of appeal from judgment or decree as affected by acceptance of benefit thereunder, 169 A.L.R. 985.
Defeated party's payment or satisfaction of, or other compliance with, civil judgment as barring his right to appeal, 39 A.L.R.2d 153.
Liability insurer's duty to pay injured person as affected by appeal or grant of new trial, or pendency of appeal or motion for new trial, from judgment against insured, or by the fact that time for appeal or motion for new trial has not expired, 31 A.L.R.3d 899.
