When in the opinion of the court the case was taken up for delay only, 10 percent damages may be awarded by the appellate court upon any judgment for a sum certain which has been affirmed. The award shall be entered in the remittitur.
History. Laws 1845, Cobb’s 1851 Digest, p. 450; Code 1863, § 4182; Code 1868, § 4221; Code 1873, § 4286; Code 1882, § 4286; Civil Code 1895, § 5594; Civil Code 1910, § 6213; Code 1933, § 6-1801.
Cross references.
Penalty for frivolous appeals, Rules of the Supreme Court of the State of Georgia, Rule 14.
Appeals deemed frivolous, Rules of the Court of Appeals of the State of Georgia, Rule 26.
Law reviews.
For survey of Georgia cases dealing with workers’ compensation from June 1, 1976 through May 31, 1978, see 30 Mercer L. Rev. 269 (1978).
For article, “Plying the Erie Waters: Choice of Law in the Deterrence of Frivolous Appeals,” see 21 Ga. L. Rev. 653 (1987).
For article, “Battling the Many-Headed Hydra: Abusive Litigation Law in Georgia,” see 25 Ga. St. B.J. 65 (1988).
For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004).
For annual survey of law on appellate practice and procedure, see 62 Mercer L. Rev. 25 (2010).
Structure Georgia Code
Chapter 6 - Certiorari and Appeals to Appellate Courts Generally
Article 1 - General Provisions
§ 5-6-1. Appearance Before Court of Interested Third Parties
§ 5-6-2. Disposition of Transcript in Appellate Court
§ 5-6-5. Entry of Judgment for Costs on Reversal
§ 5-6-6. Damages for Frivolous Appeal
§ 5-6-7. No Decisions to Be Rendered Ore Tenus; Publication of Judgments and Opinions
§ 5-6-8. Entry of Decision on Minutes; Directions to Lower Court
§ 5-6-9. Transmittal of Opinion to Lower Court Generally
§ 5-6-10. Transmittal of Remittitur to Lower Court Generally
§ 5-6-11. Issuance of Remittitur in Cases Involving Death Penalty
§ 5-6-13. Granting of Supersedeas in Cases of Contempt
§ 5-6-14. Execution of Extraordinary Orders