§ 16-67-325 - Reversal, affirmation, or modification of judgment or order -- Mandate of court -- Enforcement.
16-67-325. Reversal, affirmation, or modification of judgment or order -- Mandate of court -- Enforcement.
(a) The Supreme Court may reverse, affirm, or modify the judgment or order appealed from, in whole or in part and as to any or all parties, and when the judgment or order has been reversed or affirmed, the Supreme Court may remand or dismiss the cause and enter such judgment upon the record as it may in its discretion deem just.
(b) (1) When a cause is affirmed or reversed and remanded, the mandate must be taken out and filed in the court from which the appeal was taken by the plaintiff or defendant within one (1) year from the rendition of the judgment, affirming or reversing the cause, and not thereafter.
(2) Immediately upon the expiration of the period of one (1) year after the judgment of reversal is entered, when the mandate is not taken out, the clerk of the Supreme Court shall upon application of the party entitled thereto issue an execution for all costs accrued up to the date of reversal in the Supreme Court and in the court from which the cause has been appealed.
(c) (1) Upon the determination of any appeal or writ of error, the Supreme Court may award execution to carry the determination of the appeal or writ of error into effect or may remand the record with the decision of the court thereon to the circuit court in which the cause originated and order such decision to be carried into effect if the mandate is taken out and filed with the court from which the appeal came within twelve (12) months from the determination of any appeal.
(2) The decision shall be carried into effect within ten (10) years from the rendition of the judgment and not thereafter.
(d) Upon the affirmance by the Supreme Court of any judgment, order, or decree which has been wholly or in part superseded, judgment shall be rendered and entered up against the securities on the supersedeas bond and the court shall award execution thereon.