Blanton v. Jones

Supreme Court of Georgia

Blanton v. Jones

199 S.E.2d 801, 230 Ga. 866, 1973 Ga. LEXIS 1087

CourtSupreme Court of Georgia

DecidedSeptember 5, 1973

Docket27993

StatusPublished

Cited by6 cases

This text of 199 S.E.2d 801 (Blanton v. Jones) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blanton v. Jones, 199 S.E.2d 801, 230 Ga. 866, 1973 Ga. LEXIS 1087 (Ga. 1973).

Pincite

Opinion

Ingram, Justice.

This appeal is from an order of the Superior Court of Fulton County dismissing the complaint of the plaintiff, Glenn F. Blanton. The complaint sought to set aside a summary judgment in favor of the defendant, which had been entered in a prior action between these parties, on the ground that the plaintiff was never served with the defendant’s motion for summary judgment. The trial court, after a hearing thereon, found that the plaintiff was legally served and entered an order to this effect on December 18, 1972.

The record here shows the plaintiffs notice of appeal was dated and filed on January 18, 1973. The record also shows no order of the trial court extending the time for filing the notice of appeal. Georgia law requires that notice of appeal must be filed within thirty days of the trial court’s order, absent some extension, to enable this court to consider the case on the merits. Jordan v. Caldwell, 229 Ga. 343 (191 SE2d 530). Since this appeal was filed too late, the appellee’s motion to dismiss must be granted. Genins v. Genins, 226 Ga. 70 (172 SE2d 416).

Appeal dismissed.

All the Justices concur.

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Ingram, Justice.

This appeal is from an order of the Superior Court of Fulton County dismissing the complaint of the plaintiff, Glenn F. Blanton. The complaint sought to set aside a summary judgment in favor of the defendant, which had been entered in a prior action between these parties, on the ground that the plaintiff was never served with the defendant’s motion for summary judgment. The trial court, after a hearing thereon, found that the plaintiff was legally served and entered an order to this effect on December 18, 1972.

The record here shows the plaintiffs notice of appeal was dated and filed on January 18, 1973. The record also shows no order of the trial court extending the time for filing the notice of appeal. Georgia law requires that notice of appeal must be filed within thirty days of the trial court’s order, absent some extension, to enable this court to consider the case on the merits. Jordan v. Caldwell, 229 Ga. 343 (191 SE2d 530). Since this appeal was filed too late, the appellee’s motion to dismiss must be granted. Genins v. Genins, 226 Ga. 70 (172 SE2d 416).

Appeal dismissed.

All the Justices concur.

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Bluebook (online)

199 S.E.2d 801, 230 Ga. 866, 1973 Ga. LEXIS 1087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanton-v-jones-ga-1973.

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