Ga. Code § 44-7-56

Current through 2023-2024 Legislative Session Chapters 1-374, 376-386, 393, 394, 397, 398, 406-412, 414, 415, 421, 424, 427, 429, 430, 432-456, 460, 461, 471, 473, 475, 478, 480, 483, 484, 488, 490

Section 44-7-56 - Appeal; procedure; possession and payment of rent pending appeal

(a) Any judgment by the trial court shall be appealable pursuant to Chapters 3, 6, and 7 of Title 5.

(b) An appeal made pursuant to subsection (a) of this Code section shall proceed as follows:

(1) A copy of the petition for review filed in the reviewing superior or state court or the notice of appeal shall be filed with the clerk of the trial court within seven days after the date the judgment was entered in the trial court;

(2) The clerk shall immediately notify the trial judge of the petition for review or notice of appeal, and the trial judge may, within 15 days after the same is filed in the trial court, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case;

(3) Except as provided in paragraph (5) of this subsection, if the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall notify the trial court of his or her appeal and pay into the registry of the reviewing superior or state court all sums found by the trial court to be due for rent in order to remain in possession of the premises;

(4) Except as provided in paragraph (5) of this subsection, the tenant shall pay all future rent as it becomes due into the registry of the reviewing superior or state court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54until the issue has been finally determined on appeal; and

(5) For appeals to the Court of Appeals or Supreme Court, the tenant shall pay all sums found by the trial court to be due for rent or future rent into the registry of the trial court that rendered the judgment appealed.

OCGA § 44-7-56

Amended by 2024 Ga. Laws 424,§ 10, eff. 4/22/2024.

Amended by 2022 Ga. Laws 875,§ 2-35, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.

Amended by 2006 Ga. Laws 669,§ 1.3, eff. 7/1/2006.