reglab/housing_qa huggingface dataset:
GA Code § 5-6-8 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 6 - Certiorari and Appeals to Appellate Courts Generally|Article 1 - General Provisions|§ 5-6-8. Entry of Decision on Minutes; Directions to Lower Court

 The decision in each case shall be entered on the minutes. It shall be within the power of the appellate court rendering the decision in a case to make such order and to give such direction as to the final disposition of the case by the lower court as may be consistent with the law and justice of the case.   (Orig. Code 1863, § 4180; Code 1868, § 4219; Code 1873, § 4284; Code 1882, § 4284; Civil Code 1895, § 5586; Penal Code 1895, § 1068; Civil Code 1910, § 6205; Penal Code 1910, § 1095; Code 1933, § 6-1610.)   RESEARCH REFERENCES   C.J.S.   - 5 C.J.S., Appeal and Error, §§ 1109 et seq., 1154.
GA Code § 5-6-9 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 6 - Certiorari and Appeals to Appellate Courts Generally|Article 1 - General Provisions|§ 5-6-9. Transmittal of Opinion to Lower Court Generally

  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.   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).
GA Code § 5-6-10 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 6 - Certiorari and Appeals to Appellate Courts Generally|Article 1 - General Provisions|§ 5-6-10. Transmittal of Remittitur to Lower Court Generally

 The decision of the appellate court and any direction awarded in the case shall be certified by the clerk to the court below, under the seal of the court. The decision and direction shall be respected and carried into full effect in good faith by the court below. The remittitur shall contain nothing more, except the costs paid in the appellate court.   (Laws 1845, Cobb's 1851 Digest, p. 450; Laws 1850, Cobb's 1851 Digest, p. 455; Code 1863, § 4181; Code 1868, § 4220; Code 1873, § 4285; Code 1882, § 4285; Civil Code 1895, § 5597; Civil Code 1910, § 6216; Code 1933, § 6-1804.)   Cross references.   - Filing of remittitur and judgment, Uniform Superior Court Rules, Rule 38.   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Effect of Affirmance   Effect of Reversal    RESEARCH REFERENCES   Am. Jur. 2d.   - 5 Am. Jur. 2d, Appellate Review, §§ 265, 593 et seq.   ALR.    - Remittitur on which court has conditioned refusal of new trial or reversal, as inuring to benefit of codefendant failing to move for new trial or to appeal, 160 A.L.R. 984.   Appellate court's power to order remittitur of portion of actual damages awarded at trial while sustaining trial award of punitive damages, 97 A.L.R.2d 1145.   Financial worth of one or more of several joint defendants as proper matter for consideration in fixing punitive damages, 9 A.L.R.3d 692.
GA Code § 5-6-11 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 6 - Certiorari and Appeals to Appellate Courts Generally|Article 1 - General Provisions|§ 5-6-11. Issuance of Remittitur in Cases Involving Death Penalty

 In all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a case or has affirmed the denial of a petition for a writ of habeas corpus in any case in which the death penalty has been imposed, the remittitur shall not issue from that court for at least 90 days from the date of the court's decision, or from the date of the court's denial of a motion for a rehearing, if such motion is timely filed, whichever is later; provided, however, that this Code section shall not apply where the defendant has previously applied for a writ of habeas corpus which has been denied and the denial thereof has been affirmed by the Supreme Court of Georgia, or where the writ has been granted but the grant thereof has been reversed by the Supreme Court of Georgia.   (Ga. L. 1970, p. 691, § 1; Ga. L. 1971, p. 212, § 1.)   Cross references.   - Habeas corpus procedure for persons under sentence of state court of record, § 9-14-40 et seq.    Review of death sentences by Supreme Court, § 17-10-35 et seq.   Transmittal of remittiturs, Rules of the Supreme Court of the State of Georgia, Rule 60.   Filing of remittitur and judgment, Uniform Superior Court Rules, Rule 38.
GA Code § 5-6-12 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 6 - Certiorari and Appeals to Appellate Courts Generally|Article 1 - General Provisions|§ 5-6-12. Cessation of Supersedeas and Issuance of Execution Upon Affirmance of Judgment of Lower Court

 If the judgment of the lower court is affirmed, upon the filing of the remittitur with the clerk of the court below, the supersedeas shall cease and execution shall issue at once for the amount of the original judgment.   (Orig. Code 1863, § 4183; Code 1868, § 4222; Code 1873, § 4287; Code 1882, § 4287; Civil Code 1895, § 5598; Civil Code 1910, § 6217; Code 1933, § 6-1805.)   Cross references.   - Supersedeas, Rules of the Supreme Court of the State of Georgia, Rule 12.   Supersedeas, Rules of the Court of Appeals of the State of Georgia, Rule 50.   JUDICIAL DECISIONS    Supersedeas deprives trial court of jurisdiction to take further proceedings towards enforcing judgment excepted to. Tanner v. Wilson, 184 Ga. 628, 192 S.E. 425 (1937).    What is lawfully done before supersedeas is granted or becomes effective is valid and stands, but anything done thereafter is unauthorized and must be set aside. Tanner v. Wilson, 184 Ga. 628, 192 S.E. 425 (1937).   Running of statute of limitations upon enforcement of judgments.    - Copeland v. Pope, 90 Ga. App. 304, 83 S.E.2d 40 (1954).    Cited in Equity Life Ass'n v. Gammon, 119 Ga. 271, 46 S.E. 100 (1903); Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939); Bird v. Riggs, 210 Ga. 297, 79 S.E.2d 803 (1954).   RESEARCH REFERENCES   Am. Jur. 2d.   - 5 Am. Jur. 2d, Appellate Review, § 774 et seq.   ALR.    - Amount named in appeal or supersedeas bond as the maximum limit of sureties' liability or as a limitation of the amount which they undertake shall be paid on the judgment appealed from, 87 A.L.R. 257.   Effect of supersedeas or stay on antecedent levy, 90 A.L.R.2d 483.
GA Code § 5-6-14 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 6 - Certiorari and Appeals to Appellate Courts Generally|Article 1 - General Provisions|§ 5-6-14. Execution of Extraordinary Orders

 When judgments are rendered on appeal in injunction or other extraordinary cases, the judges of the superior courts may give immediate effect to such judgments.   (Ga. L. 1870, p. 405, § 5; Code 1873, § 3215; Code 1882, § 3215; Civil Code 1895, § 5599; Civil Code 1910, § 6218; Code 1933, § 6-1806; Ga. L. 2016, p. 883, § 3-2/HB 927.)    The 2016 amendment,  effective January 1, 2017, substituted "on appeal" for "in the Supreme Court" in the middle of this Code section. See Editor's notes for applicability.   Cross references.   - Supersedeas, Rules of the Supreme Court of the State of Georgia, Rule 12.   Editor's notes.   - Ga. L. 2016, p. 883, § 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. 883, § 6-1/HB 927, not codified by the General Assembly, provides 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    When injunction is denied, execution may proceed upon filing of remittitur in clerk's office below. Brown v. Wilson, 59 Ga. 604 (1877).    Interlocutory hearing in injunction proceedings cannot be had until remittitur reversing judgment is filed in office of clerk below. Lyon v. Lyon, 103 Ga. 747, 30 S.E. 575 (1898).   RESEARCH REFERENCES   2 Am. Jur. Pleading and Practice Forms, Appeal and Error, § 871.
GA Code § 5-6-40 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 6 - Certiorari and Appeals to Appellate Courts Generally|Article 2 - Appellate Practice|§ 5-6-40. Enumeration of Errors

 The appellant and cross appellant shall file with the clerk of the appellate court, at such time as may be prescribed by its rules, an enumeration of the errors which shall set out separately each error relied upon. The enumeration shall be concise and need not set out or refer to portions of the record on appeal. It shall be served upon the appellee or cross appellee in the manner prescribed in Code Section 5-6-32, need not have approval of the trial court, and when filed shall become a part of the record on appeal. The appellate court, by rule, may permit the enumeration to be made a part of the brief.   (Ga. L. 1965, p. 18, § 14; Ga. L. 1965, p. 240, § 2; Ga. L. 1968, p. 1072, § 8.)   Cross references.   - Briefs of appellant and cross appellant, Rules of the Supreme Court of the State of Georgia, Rule 39.   Service on opposing parties, Rules of the Supreme Court of the State of Georgia, Rule 43.   Argument and citation of authority, Rules of the Supreme Court of the State of Georgia, Rule 45.   Judgments deemed included and presented, Rules of the Supreme Court of the State of Georgia, Rule 46.   Filing of enumeration of errors, Rules of the Court of Appeals of the State of Georgia, Rule 5.   Structure and content of appellate brief, Rules of the Court of Appeals of the State of Georgia, Rule 15.   Law reviews.   - For annual survey article discussing developments in criminal law, see 52 Mercer L. Rev. 167 (2000). For article, "'May It Please the Court:' Tips on Effective Appellate Advocacy from Start to Finish," see 16 (No. 1) Ga. St. B.J. 28 (2010). For note discussing the reluctance of Georgia courts to grant appeals when overruled motion for new trial not enumerated as error in light of Hill v. Willis, 224 Ga. 263, 161 S.E.2d 281 (1968), see 5 Ga. St. B.J. 269 (1968). For comment on Crider v. State, 115 Ga. App. 347, 154 S.E.2d 743 (1967), see 4 Ga. St. B.J. 265 (1967).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   What May Be Enumerated As Error   Content and Form of Enumeration   Filing of Enumeration    RESEARCH REFERENCES   Am. Jur. 2d.   - 5 Am. Jur. 2d, Appellate Review, § 575 et seq.   C.J.S.   - 4 C.J.S., Appeal and Error, § 554 et seq.   ALR.    - Will questions which might have been, but were not, raised on prior appeal or error, be considered on subsequent appeal or error, 1 A.L.R. 725.
GA Code § 5-6-42 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 6 - Certiorari and Appeals to Appellate Courts Generally|Article 2 - Appellate Practice|§ 5-6-42. Procedure for Preparation and Filing of Transcript of Evidence and Proceedings Where Appellant Designates Matter to Be Omitted From Record on Appeal; Extensions of Time for Completion of Transcript

 If the appellant designates any matter to be omitted from the record on appeal as provided in Code Section 5-6-37, the appellee may, within 15 days of serving of the notice of appeal by appellant, file a designation of record designating that all or part of the omitted matters be included in the record on appeal. A copy of the designation shall be served on all other parties in the manner prescribed by Code Section 5-6-32. Where there is a transcript of evidence and proceedings to be included in the record on appeal, the appellant shall cause the transcript to be prepared and filed as provided by Code Section 5-6-41; but, when the appellant has designated that the transcript not be made a part of the record on appeal and its inclusion is by reason of a designation thereof by appellee, the appellee shall cause the transcript to be prepared and filed as referred to in Code Section 5-6-41 at his expense. The party having the responsibility of filing the transcript shall cause it to be filed within 30 days after filing of the notice of appeal or designation by appellee, as the case may be, unless the time is extended as provided in Code Section 5-6-39. In all cases, it shall be the duty of the trial judge to grant such extensions of time as may be necessary to enable the court reporter to complete his transcript of evidence and proceedings.   (Ga. L. 1965, p. 18, § 11.)   Cross references.   - Filings in clerk's office, Rules of the Supreme Court of the State of Georgia, Rule 1.   Certification and transmittal of transcript and record, Rules of the Supreme Court of the State of Georgia, Rule 15.   Contents, form, and certification of transcript, Rules of the Supreme Court of the State of Georgia, Rule 18.   Objection to failure to comply with Appellate Practice Act, Rules of the Supreme Court of the State of Georgia, Rule 20.   Preparation of records and transcripts, Rules of the Court of Appeals of the State of Georgia, Rule 42.   Transmission of transcript, Rules of the Court of Appeals of the State of Georgia, Rule 44.   Objections to records or transcripts, Rules of the Court of Appeals of the State of Georgia, Rule 47.   Law reviews.   - For article, "Synopses of 1968 Amendments Appellate Procedure Act and Georgia Civil Practice Act," see 4 Ga. St. B.J. 503 (1968). For survey article on appellate practice and procedure, see 59 Mercer L. Rev. 21 (2007). For survey article on appellate practice and procedure, see 60 Mercer L. Rev. 21 (2008). For comment on Davis v. Davis, 222 Ga. 579, 151 S.E.2d 123 (1966), see 4 Ga. St. B.J. 259 (1967).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Timely Filing of Transcript   Cost of Transcript
GA Code § 5-6-44 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 6 - Certiorari and Appeals to Appellate Courts Generally|Article 2 - Appellate Practice|§ 5-6-44. Authorization and Procedure Generally for Filing of Joint Appeals, Motions for New Trial, and Other Motions; Division of Costs Between Parties

  Whenever two or more persons are defendants or plaintiffs in an action, and a judgment, verdict, or decree has been rendered against each of them, jointly or severally, or where two or more cases are tried together, the plaintiffs or defendants, as the case may be, shall be entitled, but not required, to file joint appeals, motions for new trial, motions in arrest, motions to set aside, and motions for judgment notwithstanding the verdict, without regard to whether the parties have a joint interest, or whether the cases were merely consolidated for purposes of trial, or whether the cases were simply tried together without an order of consolidation.   Where joint appeals are filed, the appealing parties may nevertheless be entitled, but not required, to file separate enumerations of error in the appellate court.   When separate appeals, motions for new trial, or motions for judgment notwithstanding the verdict are filed, only one transcript of evidence and proceedings (where required) and only one record need be prepared, filed, or transmitted to the appellate court (as the case may be).   In such cases, the court shall by order specify the division of costs between the parties.   This Code section shall apply to both civil and criminal cases.    (Ga. L. 1965, p. 18, § 15; Ga. L. 1968, p. 1072, § 4.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 5 Am. Jur. 2d, Appellate Review, §§ 231 et seq., 849 et seq.   C.J.S.   - 4 C.J.S., Appeal and Error, §§ 8, 237 et seq., 278, 325 et seq.   ALR.   - Right to appellate review, on single appellate proceeding, of separate actions consolidated for trial together in lower court, 36 A.L.R.2d 823.
GA Code § 5-6-50 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 6 - Certiorari and Appeals to Appellate Courts Generally|Article 2 - Appellate Practice|§ 5-6-50. Procedure Provided by Article Supersedes Former Appellate Procedure

 The procedure provided in this article shall serve all purposes which a bill of exceptions or writ of error has served in the past; and, where under any law of force in this state provision is made for the taking of writs of error or bills of exception, the procedure prescribed in this article shall be deemed to apply in lieu thereof as to the procedure and as to all time requirements.   (Ga. L. 1965, p. 18, § 19.)   RESEARCH REFERENCES   2 Am. Jur. Pleading and Practice Forms, Appeal and Error, § 2.
GA Code § 6-3-1 (2021)
2021 Georgia Code|Title 6 - Aviation|Chapter 3 - Powers of Local Governments as to Air Facilities|Article 1 - General Provisions|§ 6-3-1. Construction and Maintenance of Air Facilities by Department of Transportation

  The Department of Transportation is authorized and empowered to construct and maintain airports, landing fields, air navigation facilities, and lighting and lighting fixtures and to contract with the counties and municipalities of the state for the construction and maintenance of such airports, landing fields, air navigation facilities, and lighting and lighting fixtures, all in accordance with the Federal Aviation Administration's specifications, regulations of the federal government, and upon such terms and conditions as the Department of Transportation may determine.   The State Transportation Board is given the right of eminent domain to acquire sites for such airports, landing fields, and air navigation facilities.    (Ga. L. 1941, p. 237, § 2; Ga. L. 1965, p. 449, § 1; Ga. L. 1972, p. 1015, § 2004.)   Cross references.   - Department of Transportation aid for airport development, § 32-9-7.    Licensing of airports by Department of Transportation, § 32-9-8.   OPINIONS OF THE ATTORNEY GENERAL   Funding requires specific legislative appropriation.   - Department of Transportation is authorized to construct and maintain airports, but use of funds for that purpose, unless specifically appropriated by the legislature, would be unconstitutional. 1962 Op. Att'y Gen. p. 267.   Funding by motor fuel revenue.   - Motor fuel revenue cannot be used for purpose of entering into contract with local political subdivision for installation of navigational aid equipment at local airport. 1967 Op. Att'y Gen. No. 67-461.   Leasing or permitting use of facilities by private individuals.   - No authority is provided by statute for Highway Department (now Department of Transportation) to grant lease to or permit use of airport facilities by private individuals. 1970 Op. Att'y Gen. No. 70-98.   RESEARCH REFERENCES   Am. Jur. 2d.   - 8 Am. Jur. 2d, Aviation, §§ 82 et seq., 88 et. seq. 26 Am. Jur. 2d, Eminent Domain, § 140.   C.J.S.   - 2A C.J.S., Aeronautics and Aerospace, § 53 et seq. 29A C.J.S., Eminent Domain, § 57 et seq.
GA Code § 6-3-20.1 (2021)
2021 Georgia Code|Title 6 - Aviation|Chapter 3 - Powers of Local Governments as to Air Facilities|Article 2 - Powers of Local Governments as to Air Facilities|§ 6-3-20.1. Management, Ownership, or Control of Airports by Foreign Citizens or Businesses With Substantial Foreign Ownership Prohibited

  As used in this Code section, the term:   "Airport" means the real and personal property constituting an airport as a complete entity or unit, and the management, operation, or control of an airport means the overall management, operation, or control of the airport as a complete entity or unit.   "Business entity with a substantial foreign ownership" means any business entity in which 25 percent or more of the equity in such business entity is owned by persons or other business entities that are not citizens of the United States.   "Citizen of the United States" means any individual person who is a citizen of the United States and any business entity incorporated or having its principal place of business in the United States, but the term shall not include any business entity with a substantial foreign ownership.   "Person" means an individual person.     No county, municipality, or other political subdivision and no public authority owning or controlling an airport shall sell, lease, or otherwise contract with any person or business entity which is not a citizen of the United States or with any business entity with a substantial foreign ownership to have such person or business entity manage, operate, own, or control such airport.   The provisions of subsection (b) of this Code section shall not prevent or be construed to prevent any person who is not a citizen of the United States or any business entity with a substantial foreign ownership from leasing or purchasing portions of any airport for the purpose of conducting such person's or entity's lawful business thereon or from leasing or subleasing portions of any airport for the purpose of allowing any other such person or entity to conduct its lawful business thereon.     (Code 1981, §6-3-20.1, enacted by Ga. L. 1988, p. 1845, § 1.)   Code Commission notes.   - Pursuant to § 28-9-5, in 1988, the comma was deleted following "entity's lawful business thereon" near the end of subsection (c).