If execution is issued before the expiration of the time allowed for entering an appeal, the execution will be suspended on the entering of an appeal by either party.
§ 9-13-2.Execution suspended by appeal
Chapter 13. Executions and Judicial Sales · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-2 provides that an execution issued before the deadline for filing an appeal expires is suspended once either party enters an appeal.
Full Text of § 9-13-2
Plain-English Summary
Georgia lets an execution issue as soon as judgment is signed, even while the losing party’s appeal window is still open. This section addresses what happens if that party — or, for that matter, either party — files an appeal during that window: the execution is suspended.
The suspension is automatic and does not depend on which side files the appeal. The statute says the execution is suspended “on the entering of an appeal by either party,” so a plaintiff’s appeal has the same suspending effect as a defendant’s. What matters is that an appeal has been entered, not who entered it.
The suspension does not erase the execution or start it over from scratch — it pauses enforcement while the appeal is pending, consistent with the broader principle that an appeal stays enforcement of the judgment underneath it. Once the appeal is resolved, the execution’s status depends on the outcome and on the other provisions of this chapter governing executions after appeal.
Frequently Asked Questions
Does filing an appeal cancel an execution that already issued?
No. The execution is suspended, not voided — enforcement pauses while the appeal is pending rather than the execution being wiped out.
Does it matter which party files the appeal?
No. The statute suspends the execution whether the plaintiff or the defendant is the one who enters the appeal.
What triggers the suspension under this section?
An execution issuing before the appeal deadline runs, followed by either party entering an appeal during that window.
If no appeal is ever filed, does the execution remain suspended?
No. The suspension under this section is tied to an appeal being entered; without one, nothing in this section interrupts the execution.
Where else does Chapter 13 address executions tied to an appeal?
Code Section 9-13-31 covers execution against a principal and surety after an appeal where security was given, addressing a related but distinct scenario.
Amendment History
Orig. Code 1863, § 3556; Code 1868, § 3579; Code 1873, § 3634; Code 1882, § 3634; Civil Code 1895, § 5415; Civil Code 1910, § 6020; Code 1933, § 39-115.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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