Calloway v. Calloway

Court of Appeals of Georgia

Calloway v. Calloway

289 S.E.2d 559, 161 Ga. App. 752, 1982 Ga. App. LEXIS 2030

CourtCourt of Appeals of Georgia

DecidedMarch 19, 1982

Docket63582

StatusPublished

Cited by4 cases

This text of 289 S.E.2d 559 (Calloway v. Calloway) 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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Calloway v. Calloway, 289 S.E.2d 559, 161 Ga. App. 752, 1982 Ga. App. LEXIS 2030 (Ga. Ct. App. 1982).

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Opinion

McMurray, Presiding Judge.

This is an appeal of a denial of a recusal motion to disqualify the hearing judge because of social bias and prejudice as “his impartiality might reasonably be questioned.” The motion was assigned to another judge. No certificate of immediate review was obtained, and this court did not grant permission to appeal, all as required by Code Ann. § 6-701 (Ga. L. 1965, p. 18; 1968, pp. 1072,1073; 1975, pp. 757, 758; 1979, pp. 619,620). Tingle v. Lokey & Bowden, 137 Ga. App. 368 [753]*753(223 SE2d 763); Myers v. Fenters, 141 Ga. App. 153 (233 SE2d 63). Compare State v. Fleming, 245 Ga. 700 (267 SE2d 207). Consequently, the appeal is premature and must be dismissed.

Decided March 19, 1982. Martin Jones Calloway, pro se. A. Paul Cadenhead, James E. Holmes, for appellee.

Appeal dismissed.

Banke and Birdsong, JJ., concur.

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McMurray, Presiding Judge.

This is an appeal of a denial of a recusal motion to disqualify the hearing judge because of social bias and prejudice as “his impartiality might reasonably be questioned.” The motion was assigned to another judge. No certificate of immediate review was obtained, and this court did not grant permission to appeal, all as required by Code Ann. § 6-701 (Ga. L. 1965, p. 18; 1968, pp. 1072,1073; 1975, pp. 757, 758; 1979, pp. 619,620). Tingle v. Lokey & Bowden, 137 Ga. App. 368 [753]*753(223 SE2d 763); Myers v. Fenters, 141 Ga. App. 153 (233 SE2d 63). Compare State v. Fleming, 245 Ga. 700 (267 SE2d 207). Consequently, the appeal is premature and must be dismissed.

Decided March 19, 1982. Martin Jones Calloway, pro se. A. Paul Cadenhead, James E. Holmes, for appellee.

Appeal dismissed.

Banke and Birdsong, JJ., concur.

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Bluebook (online)

289 S.E.2d 559, 161 Ga. App. 752, 1982 Ga. App. LEXIS 2030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calloway-v-calloway-gactapp-1982.

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