§ 9-12-89.Effect of appellate proceeding on lien
Chapter 12. Verdict and Judgment · Article 4. Judgment Liens · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-12-89
Plain-English Summary
This short section answers a question left open by the previous one: once an appeal concludes with an affirmance, what becomes of the lien standing tied to the trial court's judgment? The answer here is that nothing is lost. A judgment taken up to the Supreme Court or the Court of Appeals, and affirmed there, keeps whatever lien and whatever priority it already held — the appellate proceeding itself does not reset, weaken, or interrupt that standing.
Read together with the preceding Code section, the two provisions describe a consistent path through an appeal: the property is not bound outright while the appeal is pending, except that the defendant cannot alienate it in the meantime, and the property becomes bound again once the appellate judgment is signed. This section confirms that when the appellate result is an affirmance, the creditor loses nothing for having gone through that process — the lien and priority carry through intact.
The section addresses affirmance specifically. It does not speak to what happens if the appellate court instead reverses or modifies the trial court's judgment, leaving that scenario to be worked out under the other rules governing appeals and judgments.
Frequently Asked Questions
What happens to a trial court judgment's lien if the appellate court affirms it?
The lien and its priority carry through unchanged. The judgment loses no lien or priority by virtue of having gone through the appellate proceeding.
Which appellate courts does this section cover?
The Supreme Court and the Court of Appeals — Georgia's two appellate courts.
Does taking a case up on appeal reset the judgment's priority date?
Not when the appellate court affirms. This section states that the lien and priority survive the appeal intact rather than starting over from the date of affirmance.
How does this section work together with the rule on property bound pending appeal?
The preceding Code section governs the interim period while the appeal is pending, limiting the judgment's binding effect during that time; this section then confirms that an affirmance preserves the lien and priority the judgment already had.
What does this section say about a reversal on appeal?
This section addresses affirmances specifically and does not itself state a rule for reversals; that outcome is left to be resolved under other provisions governing judgments and appeals.
Amendment History
Orig. Code 1863, § 3498; Code 1868, § 3521; Code 1873, § 3579; Code 1882, § 3579; Civil Code 1895, § 5350; Civil Code 1910, § 5945; Code 1933, § 110-506.