Hall v. Jenkins

Court of Appeals of Georgia

Hall v. Jenkins

327 S.E.2d 831, 173 Ga. App. 710, 1985 Ga. App. LEXIS 1668

Court of Appeals of Georgia·Decided March 7, 1985·No. 69562·Published

Opinion

Carley, Judge.

The notice of appeal in the instant case states that appellant brings this direct appeal from an order “entered in the Clerk’s Office on the 16th day of July, 1984, which Order denied [appellant’s] motion to set aside default judgment.” OCGA § 5-6-35 (a) (8) provides that appeals from orders denying a motion to set aside a judgment are discretionary. That statute became effective July 1, 1984. Accordingly, the instant appeal must be dismissed because “there was no attempt made to comply with the provisions of OCGA § 5-6-35.” Voight v. Orr, 173 Ga. App. 248 (326 SE2d 480) (1985).

Appeal dismissed.

Birdsong, P. J., and Beasley, J., concur.

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

Carley, Judge.

The notice of appeal in the instant case states that appellant brings this direct appeal from an order “entered in the Clerk’s Office on the 16th day of July, 1984, which Order denied [appellant’s] motion to set aside default judgment.” OCGA § 5-6-35 (a) (8) provides that appeals from orders denying a motion to set aside a judgment are discretionary. That statute became effective July 1, 1984. Accordingly, the instant appeal must be dismissed because “there was no attempt made to comply with the provisions of OCGA § 5-6-35.” Voight v. Orr, 173 Ga. App. 248 (326 SE2d 480) (1985).

Appeal dismissed.

Birdsong, P. J., and Beasley, J., concur.

Hall v. Jenkins, 327 S.E.2d 831, 173 Ga. App. 710, 1985 Ga. App. LEXIS 1668 (Ga. Ct. App. 1985).

Pincite

327 S.E.2d 831 (Hall v. Jenkins) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related