Brumby v. State

Court of Appeals of Georgia

Brumby v. State

448 S.E.2d 91, 214 Ga. App. 382, 94 Fulton County D. Rep. 2828, 1994 Ga. App. LEXIS 926

CourtCourt of Appeals of Georgia

DecidedAugust 5, 1994

DocketA93A0477

StatusPublished

This text of 448 S.E.2d 91 (Brumby v. State) 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.

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Brumby v. State, 448 S.E.2d 91, 214 Ga. App. 382, 94 Fulton County D. Rep. 2828, 1994 Ga. App. LEXIS 926 (Ga. Ct. App. 1994).

Pincite

Opinion

Smith, Judge.

Richard Brumby appealed from the trial court’s dismissal of his appeal from his conviction of speeding. In an unpublished opinion, we held that the trial court was not authorized to dismiss his appeal for the stated reasons. However, we held that a reversal of the trial court’s judgment was not warranted because dismissal of Brumby’s appeal would be required for other reasons.

In Brumby v. State, 264 Ga. 215 (443 SE2d 613) (1994) the Supreme Court reversed this court’s judgment, holding that the appeal should not have been dismissed. Our prior judgment is therefore vacated, the judgment of the Supreme Court is made the judgment of this court, the judgment of the trial court is reversed, and this case is remanded to the trial court for further proceedings consistent with this judgment.

Judgment reversed and remanded.

Johnson and Blackburn, JJ., concur.

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