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Current as of March 28, 2024 | Updated by Findlaw Staff
(a)(1) When either the plaintiff or the defendant dies after a case has been tried and before the expiration of the time within which the party, if living, might have entered an appeal, and no appeal has been entered, the personal representative of the estate of the deceased party may enter an appeal within 30 days from the time such personal representative qualifies.
(2) If an appeal is not entered within the time prescribed in this Code section, judgment may be entered and execution issued as though the deceased party were alive, without making the personal representative a party.
(3) For purposes of this subsection, the term “personal representative” includes temporary administrators, subject to the provisions of Code Sections 53-6-31 and 53-7-4.
(b)(1) When an appeal is entered as provided in paragraph (1) of subsection (a) of this Code section, it shall not be necessary to revive the action, but it shall be revived by the appealing party giving notice to the adverse party within 30 days from the time of entering the appeal.
(2) When a defendant appeals as provided in paragraph (1) of subsection (a) of this Code section, the case shall stand for trial on the appeal docket at the first term of the court after the expiration of six months from the qualification of the personal representative.
(c) Nothing in paragraph (2) of subsection (a) or paragraph (2) of subsection (b) of this Code section shall impair the operation or limit the applicability of Article 4 of Chapter 7 of Title 53.
Cite this article: FindLaw.com - Georgia Code Title 5. Appeal and Error § 5-6-16 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-5-appeal-and-error/ga-code-sect-5-6-16/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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