Chambers v. Abellana

Court of Appeals of Georgia

Chambers v. Abellana

515 S.E.2d 884, 237 Ga. App. 698, 99 Fulton County D. Rep. 1668, 1999 Ga. App. LEXIS 478

CourtCourt of Appeals of Georgia

DecidedApril 8, 1999

DocketA99A1238

StatusPublished

Cited by1 cases

This text of 515 S.E.2d 884 (Chambers v. Abellana) 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

Chambers v. Abellana, 515 S.E.2d 884, 237 Ga. App. 698, 99 Fulton County D. Rep. 1668, 1999 Ga. App. LEXIS 478 (Ga. Ct. App. 1999).

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Opinion

McMURRAY, Presiding Judge.

Donovan Chambers, an inmate at Macon State Prison, Oglethorpe, Georgia, appearing pro se, filed this appeal from the trial court’s order granting Dr. Max Abellana’s motion for summary judgment in this medical malpractice action. Held:

“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.” Serpentfoot v. Salmon, 225 Ga. App. 478 (483 SE2d 927). The case sub judice is subject to this provision because appellant Chambers filed his notice of appeal while a prisoner. See OCGA § 42-12-3 (4). Since appellant Chambers has not followed the discretionary appeal procedure provided in OCGA § 5-6-35, we have no jurisdiction to consider this appeal. Botts v. Givens, 223 Ga. App. 139 (476 SE2d 816); Boyle v. State of Ga., 190 Ga. App. 734 (380 SE2d 57). Accordingly, we must dismiss appellant Chambers’ appeal.

Appeal dismissed.

Andrews and Ruffin, JJ, concur.

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McMURRAY, Presiding Judge.

Donovan Chambers, an inmate at Macon State Prison, Oglethorpe, Georgia, appearing pro se, filed this appeal from the trial court’s order granting Dr. Max Abellana’s motion for summary judgment in this medical malpractice action. Held:

“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.” Serpentfoot v. Salmon, 225 Ga. App. 478 (483 SE2d 927). The case sub judice is subject to this provision because appellant Chambers filed his notice of appeal while a prisoner. See OCGA § 42-12-3 (4). Since appellant Chambers has not followed the discretionary appeal procedure provided in OCGA § 5-6-35, we have no jurisdiction to consider this appeal. Botts v. Givens, 223 Ga. App. 139 (476 SE2d 816); Boyle v. State of Ga., 190 Ga. App. 734 (380 SE2d 57). Accordingly, we must dismiss appellant Chambers’ appeal.

Appeal dismissed.

Andrews and Ruffin, JJ, concur.

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Bluebook (online)

515 S.E.2d 884, 237 Ga. App. 698, 99 Fulton County D. Rep. 1668, 1999 Ga. App. LEXIS 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-v-abellana-gactapp-1999.

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