§ 9-12-19.Judgment suspended by appeal
Chapter 12. Verdict and Judgment · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-12-19
Plain-English Summary
A judgment does not stay in force untouched while it is being appealed — this section pauses it. Where a judgment is entered and an appeal is entered within the time allowed for entering it, the judgment shall be suspended.
The statute leaves the actual deadline for entering an appeal to be found elsewhere; what it fixes here is the consequence of meeting that deadline. A timely appeal does not merely put the case before a reviewing court — it suspends the judgment itself while that review is pending.
Suspension is not the same as vacating the judgment. It pauses the judgment's effect rather than erasing it, and because Georgia's execution statutes likewise suspend execution once an appeal is entered, this section's suspension of the judgment and the parallel suspension of any execution built on it work together to hold enforcement in place until the appeal is resolved.
Frequently Asked Questions
What triggers suspension of a judgment under this section?
Entering an appeal within the time allowed for entering it.
What happens to the judgment once a timely appeal is entered?
The judgment is suspended.
Does this section specify how many days a party has to enter an appeal?
No. It refers to “the time allowed for entering an appeal” without stating a specific number of days itself.
Does suspension mean the judgment is void?
No. Suspension pauses its effect while the appeal is pending; it doesn't erase the judgment itself.
How does judgment suspension relate to execution on that judgment?
Because execution is meant to enforce a judgment, suspending the judgment through a timely appeal correspondingly halts the execution process built on it.
Amendment History
Orig. Code 1863, § 3488; Code 1868, § 3511; Code 1873, § 3569; Code 1882, § 3569; Civil Code 1895, § 5340; Civil Code 1910, § 5935; Code 1933, § 110-303.