Faircloth v. Greiner

Supreme Court of Georgia

Faircloth v. Greiner

401 S.E.2d 11, 260 Ga. 682

CourtSupreme Court of Georgia

DecidedOctober 18, 1990

DocketS90A1183

StatusPublished

Cited by2 cases

This text of 401 S.E.2d 11 (Faircloth v. Greiner) 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

Faircloth v. Greiner, 401 S.E.2d 11, 260 Ga. 682 (Ga. 1990).

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Opinion

Benham, Justice.

Appellants filed this direct appeal from the denial of their motion to set aside a judgment entered against them in an action for damages, and invoked this court’s appellate jurisdiction by asserting that the order denying the motion to set aside contained an injunction. Assuming without deciding that the trial court’s order denying the motion to set aside the judgment did contain an injunction, appellants’ failure to file an application seeking discretionary review of the denial of the motion to set aside requires dismissal of this appeal. OCGA § 5-6-35 (a) (8); Floyd v. Floyd, 250 Ga. 208 (296 SE2d 607) (1982); Rolleston v. Rolleston, 249 Ga. 208 (289 SE2d 518) (1982). The motion to assess damages for a frivolous appeal is denied.

Appeal dismissed.

Clarke, C. J., Smith, P. J., Bell, Hunt, Ben-ham, Fletcher, JJ., and Judge William M. Fleming, Jr., concur; Weltner, J., not participating.

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Benham, Justice.

Appellants filed this direct appeal from the denial of their motion to set aside a judgment entered against them in an action for damages, and invoked this court’s appellate jurisdiction by asserting that the order denying the motion to set aside contained an injunction. Assuming without deciding that the trial court’s order denying the motion to set aside the judgment did contain an injunction, appellants’ failure to file an application seeking discretionary review of the denial of the motion to set aside requires dismissal of this appeal. OCGA § 5-6-35 (a) (8); Floyd v. Floyd, 250 Ga. 208 (296 SE2d 607) (1982); Rolleston v. Rolleston, 249 Ga. 208 (289 SE2d 518) (1982). The motion to assess damages for a frivolous appeal is denied.

Appeal dismissed.

Clarke, C. J., Smith, P. J., Bell, Hunt, Ben-ham, Fletcher, JJ., and Judge William M. Fleming, Jr., concur; Weltner, J., not participating.

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401 S.E.2d 11, 260 Ga. 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faircloth-v-greiner-ga-1990.

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