Fields v. Spencer

Court of Appeals of Georgia

Fields v. Spencer

410 S.E.2d 39, 200 Ga. App. 890, 1991 Ga. App. LEXIS 1167

CourtCourt of Appeals of Georgia

DecidedJuly 9, 1991

DocketA91A0078

StatusPublished

This text of 410 S.E.2d 39 (Fields v. Spencer) 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

Fields v. Spencer, 410 S.E.2d 39, 200 Ga. App. 890, 1991 Ga. App. LEXIS 1167 (Ga. Ct. App. 1991).

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Beasley, Judge.

Plaintiff appeals from an order dismissing his complaint against defendants. The trial court granted the dismissal, with prejudice, on two grounds, one of which was that the plaintiff’s complaint under 42 USC § 1983 was frivolous. This second ground is in the nature of a judgment for failure to state a claim, OCGA § 9-11-12 (b) (6), and is not subject to OCGA § 9-11-41 (b)’s non-finality policy. The judgment, insofar as it is based on this second ground, is validly with prejudice.

Judgment affirmed.

Sognier, C. J., Birdsong, P. J., Cooper and Andrews, JJ., concur. McMurray, P. J., Banke, P. J., Carley and Pope, JJ., dissent.

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Beasley, Judge.

Plaintiff appeals from an order dismissing his complaint against defendants. The trial court granted the dismissal, with prejudice, on two grounds, one of which was that the plaintiff’s complaint under 42 USC § 1983 was frivolous. This second ground is in the nature of a judgment for failure to state a claim, OCGA § 9-11-12 (b) (6), and is not subject to OCGA § 9-11-41 (b)’s non-finality policy. The judgment, insofar as it is based on this second ground, is validly with prejudice.

Judgment affirmed.

Sognier, C. J., Birdsong, P. J., Cooper and Andrews, JJ., concur. McMurray, P. J., Banke, P. J., Carley and Pope, JJ., dissent.

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410 S.E.2d 39, 200 Ga. App. 890, 1991 Ga. App. LEXIS 1167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fields-v-spencer-gactapp-1991.

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