Brown v. Levine

Court of Appeals of Georgia

Brown v. Levine

508 S.E.2d 449, 235 Ga. App. 63, 98 Fulton County D. Rep. 4039, 1998 Ga. App. LEXIS 1411

CourtCourt of Appeals of Georgia

DecidedNovember 2, 1998

DocketA98A0828

StatusPublished

Cited by1 cases

This text of 508 S.E.2d 449 (Brown v. Levine) 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

Brown v. Levine, 508 S.E.2d 449, 235 Ga. App. 63, 98 Fulton County D. Rep. 4039, 1998 Ga. App. LEXIS 1411 (Ga. Ct. App. 1998).

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Opinion

McMurray, Presiding Judge.

Appellant Henry Brown filed this direct appeal from prison after the trial court disposed of appellant Brown’s legal malpractice action via summary judgment. The Prison Litigation Reform Act of 1996 provides that “[a]ppeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35.” OCGA § 42-12-8. Appellant Brown did not comply with the requisite discretionary procedures set forth in OCGA § 5-6-35 when he filed this appeal. We therefore have no jurisdiction to consider appellant Brown’s appeal. Botts v. Givens, 223 Ga. App. 139 (476 SE2d 816). Accordingly, we must dismiss appellant Brown’s appeal.

Appeal dismissed.

Blackburn and Eldridge, JJ, concur. Henry Brown, pro se. Karsman, Brooks & Callaway, R. Krane Riddle, for appellee.

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McMurray, Presiding Judge.

Appellant Henry Brown filed this direct appeal from prison after the trial court disposed of appellant Brown’s legal malpractice action via summary judgment. The Prison Litigation Reform Act of 1996 provides that “[a]ppeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35.” OCGA § 42-12-8. Appellant Brown did not comply with the requisite discretionary procedures set forth in OCGA § 5-6-35 when he filed this appeal. We therefore have no jurisdiction to consider appellant Brown’s appeal. Botts v. Givens, 223 Ga. App. 139 (476 SE2d 816). Accordingly, we must dismiss appellant Brown’s appeal.

Appeal dismissed.

Blackburn and Eldridge, JJ, concur. Henry Brown, pro se. Karsman, Brooks & Callaway, R. Krane Riddle, for appellee.

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Bluebook (online)

508 S.E.2d 449, 235 Ga. App. 63, 98 Fulton County D. Rep. 4039, 1998 Ga. App. LEXIS 1411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-levine-gactapp-1998.

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