No appeal as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken until there has been a final judgment in the trial court. The grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases.
§ 9-6-1.Final judgment prerequisite to appeal; grant of new trial subject to review
Chapter 6. Extraordinary Writs · Article 1. General Provisions · Last amended 2016 · Last verified July 17, 2026
In one sentenceThis section bars an appeal of any ruling in a mandamus, quo warranto, or writ of prohibition case until the trial court enters final judgment, while providing that the grant of a new trial in one of these cases itself counts as a final judgment subject to review.
Full Text of § 9-6-1
Plain-English Summary
Extraordinary writ cases move through the trial court like any other lawsuit, with rulings along the way on motions, evidence, and procedure. This section keeps a party from peeling off and appealing any of those interim rulings separately in a mandamus, quo warranto, or writ of prohibition case. The appeal has to wait for a final judgment.
That rule serves the same purpose it serves in ordinary civil litigation: it keeps a single case from turning into a string of piecemeal appeals, each one pausing the trial court proceedings while the appellate court weighs in on one ruling at a time.
The section carves out one clarification. If the trial court grants a new trial in one of these cases, that grant is treated as a final judgment for appeal purposes, and it can be reviewed just as a final judgment in any other case would be. Without that clarification, a new-trial order might otherwise look like just another interim ruling that has to wait.
Frequently Asked Questions
Can a party appeal a ruling in a mandamus case before the trial court reaches final judgment?
No. The section states that no appeal as to any ruling or decision in a mandamus proceeding may be taken until there has been a final judgment in the trial court.
What three types of proceedings does this final-judgment rule cover?
It covers mandamus proceedings, quo warranto proceedings, and cases involving a writ of prohibition.
What happens if the trial court grants a new trial in one of these cases?
The grant of a new trial is treated as a final judgment in these cases and is subject to review as in other cases.
Why would Georgia require a final judgment before allowing an appeal in these cases?
The text does not state a reason, but the rule matches the general practice of avoiding appeals of interim rulings so a case is not interrupted repeatedly before it concludes.
Does this section apply to ordinary civil injunction cases?
No. By its terms it applies to mandamus, quo warranto, and writ of prohibition proceedings.
Amendment History
Ga. L. 1882-83, p. 103, § 3; Civil Code 1895, § 4874; Civil Code 1910, § 5447; Code 1933, § 64-110; Ga. L. 1946, p. 726, § 1; Ga. L. 2016, p. 865, § 3-4/HB 927.
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
Also known as: georgia mandamus appeal final judgmentquo warranto appeal georgiawrit of prohibition appeal georgiageorgia extraordinary writ appeal rule