C & A Land Co. v. Manning

Supreme Court of Georgia

C & A Land Co. v. Manning

159 S.E.2d 404, 224 Ga. 56, 1968 Ga. LEXIS 669

CourtSupreme Court of Georgia

DecidedJanuary 18, 1968

Docket24458

StatusPublished

This text of 159 S.E.2d 404 (C & A Land Co. v. Manning) 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

C & A Land Co. v. Manning, 159 S.E.2d 404, 224 Ga. 56, 1968 Ga. LEXIS 669 (Ga. 1968).

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Opinion

Grice, Justice.

The notice of appeal and transcript of record in the instant case were filed in this court on December 12, 1967. The enumeration of errors was filed December 27, 1967, fifteen days later. Rule 20 of this court, as amended effective July 1, 1966, requires that the brief of appellant be filed with the clerk within 10 days after such docketing. 221 Ga. 884. Rule 14 of this court, as amended effective July 1, 1966, provides that “Failure to file enumeration of errors within the time [57]*57specified in these rules for the filing of briefs may be deemed as failure to perfect the appeal.” 221 Ga. 884. Here, no acceptable explanation by appellant’s counsel for the delay in filing the enumeration of errors has been given. Under these circumstances the motion of appellee to dismiss the appeal because of the delay in filing the enumeration of errors must be granted. Napier v. Napier, 222 Ga. 681 (151 SE2d 712); American Fidelity &c. Co. v. Weathers Bros. Transfer Co., 223 Ga. 313 (154 SE2d 592).

Argued January 9, 1968 Decided January 18, 1968. Heyman & Sizemore, W. Dan Greer, John Burch, for appellant. George P. Dillard, for appellees.

Appeal dismissed.

All the Justices concur.

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Grice, Justice.

The notice of appeal and transcript of record in the instant case were filed in this court on December 12, 1967. The enumeration of errors was filed December 27, 1967, fifteen days later. Rule 20 of this court, as amended effective July 1, 1966, requires that the brief of appellant be filed with the clerk within 10 days after such docketing. 221 Ga. 884. Rule 14 of this court, as amended effective July 1, 1966, provides that “Failure to file enumeration of errors within the time [57]*57specified in these rules for the filing of briefs may be deemed as failure to perfect the appeal.” 221 Ga. 884. Here, no acceptable explanation by appellant’s counsel for the delay in filing the enumeration of errors has been given. Under these circumstances the motion of appellee to dismiss the appeal because of the delay in filing the enumeration of errors must be granted. Napier v. Napier, 222 Ga. 681 (151 SE2d 712); American Fidelity &c. Co. v. Weathers Bros. Transfer Co., 223 Ga. 313 (154 SE2d 592).

Argued January 9, 1968 Decided January 18, 1968. Heyman & Sizemore, W. Dan Greer, John Burch, for appellant. George P. Dillard, for appellees.

Appeal dismissed.

All the Justices concur.

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Bluebook (online)

159 S.E.2d 404, 224 Ga. 56, 1968 Ga. LEXIS 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/c-a-land-co-v-manning-ga-1968.

Opinion

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