Georgia § 5-6-16 Time for appeal by personal representative where party dies after trial; effect of entry of appeal and of failure to enter appeal; when appeal heard

Georgia Statutes

§ 5-6-16 — Time for appeal by personal representative where party dies after trial; effect of entry of appeal and of failure to enter appeal; when appeal heard

Georgia § 5-6-16

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This text of Georgia § 5-6-16 (Time for appeal by personal representative where party dies after trial; effect of entry of appeal and of failure to enter appeal; when appeal heard) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 5-6-16 (2026).

Text

(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 p

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(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.