Babb v. Cook

Court of Appeals of Georgia

Babb v. Cook

186 S.E.2d 317, 124 Ga. App. 823, 1971 Ga. App. LEXIS 1124

CourtCourt of Appeals of Georgia

DecidedOctober 1, 1971

Docket46421

StatusPublished

Cited by4 cases

This text of 186 S.E.2d 317 (Babb v. Cook) 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

Babb v. Cook, 186 S.E.2d 317, 124 Ga. App. 823, 1971 Ga. App. LEXIS 1124 (Ga. Ct. App. 1971).

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Opinions

Quillian, Judge.

The instant notice of appeal was docketed on May 21, 1971, and the enumeration of errors was filed on June 17, 1971, which was not within the time prescribed and no mo[824]*824tion for an extension was made before the expiration of such time. See Court of Appeals Rule 13 (111 Ga. App. 883, 888) as amended (112 Ga. App. 897; 113 Ga. App. 889; 118 Ga. App. 869).

Submitted September 13, 1971 Decided October 1, 1971 Rehearing denied November 12, 1971 Eva L. Sloan, for appellant. Robert H. Herndon, for appellee.

After the expiration of the time for filing the enumeration of errors, a motion for extension was filed containing an affidavit by a physician which stated: that counsel for appellant was admitted to Baldwin County Hospital June 4, 1971; that she was suffering from acute gout arthritis which has required heavy sedation. From this affidavit we are unable to determine whether counsel was so incapacitated as to be unable to request an extension within the time required. See Thomas v. State, 118 Ga. App. 748 (165 SE2d 477). There being no facts shown sufficient to meet the test of providential cause (see the definition contained in Gardner v. State, 117 Ga. App. 262, 264 (160 SE2d 271)), the appeal is

Dismissed.

Bell, C. J., Jordan, P. J., Eberhardt, Pannell and Been, JJ., concur. Hall, P. J., and Evans, J., dissent. Whitman, J., not participating.

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Quillian, Judge.

The instant notice of appeal was docketed on May 21, 1971, and the enumeration of errors was filed on June 17, 1971, which was not within the time prescribed and no mo[824]*824tion for an extension was made before the expiration of such time. See Court of Appeals Rule 13 (111 Ga. App. 883, 888) as amended (112 Ga. App. 897; 113 Ga. App. 889; 118 Ga. App. 869).

Submitted September 13, 1971 Decided October 1, 1971 Rehearing denied November 12, 1971 Eva L. Sloan, for appellant. Robert H. Herndon, for appellee.

After the expiration of the time for filing the enumeration of errors, a motion for extension was filed containing an affidavit by a physician which stated: that counsel for appellant was admitted to Baldwin County Hospital June 4, 1971; that she was suffering from acute gout arthritis which has required heavy sedation. From this affidavit we are unable to determine whether counsel was so incapacitated as to be unable to request an extension within the time required. See Thomas v. State, 118 Ga. App. 748 (165 SE2d 477). There being no facts shown sufficient to meet the test of providential cause (see the definition contained in Gardner v. State, 117 Ga. App. 262, 264 (160 SE2d 271)), the appeal is

Dismissed.

Bell, C. J., Jordan, P. J., Eberhardt, Pannell and Been, JJ., concur. Hall, P. J., and Evans, J., dissent. Whitman, J., not participating.

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Bluebook (online)

186 S.E.2d 317, 124 Ga. App. 823, 1971 Ga. App. LEXIS 1124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/babb-v-cook-gactapp-1971.

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