Herrington v. Herrington

Supreme Court of Georgia

Herrington v. Herrington

195 S.E.2d 654, 230 Ga. 94, 1973 Ga. LEXIS 823

CourtSupreme Court of Georgia

DecidedJanuary 23, 1973

Docket27656

StatusPublished

Cited by9 cases

This text of 195 S.E.2d 654 (Herrington v. Herrington) 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

Herrington v. Herrington, 195 S.E.2d 654, 230 Ga. 94, 1973 Ga. LEXIS 823 (Ga. 1973).

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Opinion

Jordan, Justice.

The trial judge directed a verdict for the defendants and the jury so found on July 19,1972. The plaintiff filed her notice of appeal "from the directed verdict” on August 15, 1972. The trial judge entered judgment on the directed verdict on November 10, 1972. The judgment, and not the verdict, is the appealable decision. The time for filing a notice of appeal is, subject to exceptions not applicable here, "within 30 days after entry of the appealable decision or judgment.” Code Ann. § 6-803 (a). "The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.” Jordan v. Caldwell, 229 Ga. 343 (191 SE2d 530); Pittman v. State, 229 Ga. 656 (193 SE2d 820).

Appeal dismissed.

All the Justices concur. *95 Harold W. Hollingsworth, for appellant. Lewis & Lewis, Preston B. Lewis, Jr., Harry H. Hunter, for appellees.

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Jordan, Justice.

The trial judge directed a verdict for the defendants and the jury so found on July 19,1972. The plaintiff filed her notice of appeal "from the directed verdict” on August 15, 1972. The trial judge entered judgment on the directed verdict on November 10, 1972. The judgment, and not the verdict, is the appealable decision. The time for filing a notice of appeal is, subject to exceptions not applicable here, "within 30 days after entry of the appealable decision or judgment.” Code Ann. § 6-803 (a). "The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.” Jordan v. Caldwell, 229 Ga. 343 (191 SE2d 530); Pittman v. State, 229 Ga. 656 (193 SE2d 820).

Appeal dismissed.

All the Justices concur. *95 Harold W. Hollingsworth, for appellant. Lewis & Lewis, Preston B. Lewis, Jr., Harry H. Hunter, for appellees.

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Bluebook (online)

195 S.E.2d 654, 230 Ga. 94, 1973 Ga. LEXIS 823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herrington-v-herrington-ga-1973.

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