Present law generally provides that any party may appeal from a decision of the general sessions court to the circuit court of the county within a period of 10 days. In civil cases, if one or more of the parties before the general sessions court, on one or more warrants, perfects an appeal of a decision of the general sessions court to the circuit court, then cross appeals and separate appeals are not required, and upon the filing of a notice of appeal by any party, issues may be brought up for review by any party. If no appeal is taken within the 10-day time period, then execution may issue.
This bill would add to the current law by providing that if a case involves an order granting possession of real property, then a writ of possession or restitution may issue two days after the decision is rendered. However, execution of the writ must be delayed until the expiration of the 10-day appellate period.
ON FEBRUARY 27, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 249, AS AMENDED.
AMENDMENT #1 rewrites the provisions of this bill that authorized, in cases involving an order granting possession of real property, a writ of possession or restitution to issue two days after the decision is rendered; provided, the execution of the writ must be delayed until the expiration of the 10-day appellate period. This amendment deletes this language and provides, instead, that the execution of a writ of possession, if no appeal is taken within the 10-day appellate period, must be by operation of law.

Statutes affected:
Introduced: 27-5-108