Gates v. Rutledge

Court of Appeals of Georgia

Gates v. Rutledge

261 S.E.2d 757, 151 Ga. App. 844, 1979 Ga. App. LEXIS 2705

CourtCourt of Appeals of Georgia

DecidedOctober 19, 1979

Docket58340

StatusPublished

Cited by5 cases

This text of 261 S.E.2d 757 (Gates v. Rutledge) 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

Gates v. Rutledge, 261 S.E.2d 757, 151 Ga. App. 844, 1979 Ga. App. LEXIS 2705 (Ga. Ct. App. 1979).

Pincite

Opinion

Carley, Judge.

Gates has filed a pro se appeal from an order of the Juvenile Court of Troup County awarding custody of his four minor children to the appellees (the maternal grandparents) during the school year and to his mother, Mrs. Mary Alice Gates, during summer vacation. No appeal was filed by Mrs. Gates. Appellant, who killed the children’s mother and is currently serving a term in prison, was not a party on the juvenile court level and the appellees have moved to dismiss the appeal because of his lack of standing.

"It will be accepted as elementary, that no person is entitled to prosecute a writ of error for the reversal of a judgment, unless that person was a party to the proceeding in which the judgment complained of was rendered.” Swift v. Thomas, 101 Ga. 89, 91 (1) (28 SE 618) (1897); Ga. Music Operators Assn. v. Fulton County, 184 Ga. 348 (1, 2) (191 SE 117) (1937); U. S. Fire Ins. Co. v. Farris, 146 Ga. App. 177 (245 SE2d 868) (1978); Code Ann. § 6-802. Accordingly, the motion to dismiss must be granted.

Appeal dismissed.

Been, C. J., and Shulman, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Carley, Judge.

Gates has filed a pro se appeal from an order of the Juvenile Court of Troup County awarding custody of his four minor children to the appellees (the maternal grandparents) during the school year and to his mother, Mrs. Mary Alice Gates, during summer vacation. No appeal was filed by Mrs. Gates. Appellant, who killed the children’s mother and is currently serving a term in prison, was not a party on the juvenile court level and the appellees have moved to dismiss the appeal because of his lack of standing.

"It will be accepted as elementary, that no person is entitled to prosecute a writ of error for the reversal of a judgment, unless that person was a party to the proceeding in which the judgment complained of was rendered.” Swift v. Thomas, 101 Ga. 89, 91 (1) (28 SE 618) (1897); Ga. Music Operators Assn. v. Fulton County, 184 Ga. 348 (1, 2) (191 SE 117) (1937); U. S. Fire Ins. Co. v. Farris, 146 Ga. App. 177 (245 SE2d 868) (1978); Code Ann. § 6-802. Accordingly, the motion to dismiss must be granted.

Appeal dismissed.

Been, C. J., and Shulman, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

261 S.E.2d 757, 151 Ga. App. 844, 1979 Ga. App. LEXIS 2705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gates-v-rutledge-gactapp-1979.

Opinion

Related

Cite This Page — Counsel Stack