ATLANTA GAS LIGHT COMPANY v. Roberson

Court of Appeals of Georgia

ATLANTA GAS LIGHT COMPANY v. Roberson

170 S.E.2d 587, 120 Ga. App. 361, 1969 Ga. App. LEXIS 779

CourtCourt of Appeals of Georgia

DecidedSeptember 12, 1969

Docket44764

StatusPublished

Cited by4 cases

This text of 170 S.E.2d 587 (ATLANTA GAS LIGHT COMPANY v. Roberson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

ATLANTA GAS LIGHT COMPANY v. Roberson, 170 S.E.2d 587, 120 Ga. App. 361, 1969 Ga. App. LEXIS 779 (Ga. Ct. App. 1969).

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Opinion

Eberhardt, Judge.

1. Appellant designated in its notice of appeal an order entered June 19, 1969, overruling and denying its motion for summary judgment and certifying it for immediate review. The order, dated June 19, 1969, was not entered (filed with the clerk) until June 23, 1969; and on July 18, 1969, an “amended” notice of appeal was filed designating the order dated June 19 and entered June 23. Since the second notice of appeal was filed below within 30 days after entry of the appealable order complained of (Code Ann. § 6-803 (a)), it is not subject to dismissal. Compare Hardnett v. U. S. Fidel. &c. Co., 116 Ga. App. 732 (158 SE2d 303).

2. After carefully considering all of the pleadings, affidavits, depositions, etc. included in the record, we have concluded that they do not show the absence of any genuine issue as to any material fact and thus that defendant is entitled to a judgment as a matter of law. Accordingly the judgment denying its motion for summary judgment must be

Affirmed.

Bell, C. J., and Deen, J., concur.

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Eberhardt, Judge.

1. Appellant designated in its notice of appeal an order entered June 19, 1969, overruling and denying its motion for summary judgment and certifying it for immediate review. The order, dated June 19, 1969, was not entered (filed with the clerk) until June 23, 1969; and on July 18, 1969, an “amended” notice of appeal was filed designating the order dated June 19 and entered June 23. Since the second notice of appeal was filed below within 30 days after entry of the appealable order complained of (Code Ann. § 6-803 (a)), it is not subject to dismissal. Compare Hardnett v. U. S. Fidel. &c. Co., 116 Ga. App. 732 (158 SE2d 303).

2. After carefully considering all of the pleadings, affidavits, depositions, etc. included in the record, we have concluded that they do not show the absence of any genuine issue as to any material fact and thus that defendant is entitled to a judgment as a matter of law. Accordingly the judgment denying its motion for summary judgment must be

Affirmed.

Bell, C. J., and Deen, J., concur.

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Bluebook (online)

170 S.E.2d 587, 120 Ga. App. 361, 1969 Ga. App. LEXIS 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlanta-gas-light-company-v-roberson-gactapp-1969.

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