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Georgia Code
2024 CODE OF GEORGIA
Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6)
Chapter 3 - SUPERIOR AND STATE COURT APPELLATE PRACTICE (§§ 5-3-1 — 5-3-21)
Section 5-3-21 - Awarding of costs; entering of judgments
Universal Citation:
GA Code § 5-3-21 (2024)
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- (a) If a petition for review is sustained and a final decision regarding the case is made by the reviewing court, the petitioner may have judgment entered for the sum recovered by the petitioner in the lower judicatory, the costs paid to obtain the petition for review, and the costs in the reviewing court.
- (b) If a petition for review is returned to the lower judicatory for a new hearing, the petitioner shall have judgment entered for the costs in the reviewing court only, leaving the costs paid to obtain the petition for review to be awarded upon the final judgment of the lower judicatory after the new hearing.
- (c) If a petition for review is dismissed and a final decision regarding the case is made by the reviewing court, the respondent in a petition for review may have judgment entered in the reviewing court against the petitioner and the petitioner's security for the sum recovered by the respondent, together with the costs in the reviewing court.
- (d) If a petition for review is returned to the lower judicatory and the lower judicatory decides the case in favor of the respondent, then the security on the petition for review bond shall be included in the lower judicatory's final judgment.
Added by 2022 Ga. Laws 875,§ 1-1, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
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