Botts v. Givens

Court of Appeals of Georgia

Botts v. Givens

476 S.E.2d 816, 223 Ga. App. 139, 96 Fulton County D. Rep. 3460, 1996 Ga. App. LEXIS 1053

CourtCourt of Appeals of Georgia

DecidedOctober 1, 1996

DocketA97A0279

StatusPublished

Cited by8 cases

This text of 476 S.E.2d 816 (Botts v. Givens) 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

Botts v. Givens, 476 S.E.2d 816, 223 Ga. App. 139, 96 Fulton County D. Rep. 3460, 1996 Ga. App. LEXIS 1053 (Ga. Ct. App. 1996).

Pincite

Opinion

McMurray, Presiding Judge.

Plaintiff Botts commenced this civil action against several individuals concerning the medical treatment he received as an inmate at the Hancock Correctional Institute. On June 12, 1996, the trial court granted summary judgment for some of the defendants and dismissed the action against the remaining defendants. Plaintiff then filed this direct appeal on July 8, 1996. Held:

Under OCGA § 42-12-8, appeals in all civil actions filed by prisoners now require the discretionary procedures set forth in OCGA § 5-6-35. Plaintiff’s failure to comply with those requisite discretionary procedures deprives this Court of the jurisdiction to consider the case. This appeal must be dismissed.

Appeal dismissed.

Beasley, C. J., and Smith, J., concur.

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