Jackson v. MAYOR &C. OF CITY OF CARROLLTON

Court of Appeals of Georgia

Jackson v. MAYOR &C. OF CITY OF CARROLLTON

157 S.E.2d 500, 116 Ga. App. 323, 1967 Ga. App. LEXIS 799

CourtCourt of Appeals of Georgia

DecidedSeptember 15, 1967

Docket43044, 43045

StatusPublished

Cited by3 cases

This text of 157 S.E.2d 500 (Jackson v. MAYOR &C. OF CITY OF CARROLLTON) 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

Jackson v. MAYOR &C. OF CITY OF CARROLLTON, 157 S.E.2d 500, 116 Ga. App. 323, 1967 Ga. App. LEXIS 799 (Ga. Ct. App. 1967).

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Opinion

Hall, Judge.

The plaintiff appeals from a judgment entered upon a directed verdict for the defendant. The defendant has made a motion to dismiss the appeal on the ground that the record was not transmitted to this court within 30 days after the appeal as required by Ga. L. 1965, pp. 18, 28, as amended, Ga. L. 1966, pp. 493, 497.

The notice of appeal was filed in the trial court on April 20, 1967. An order of court was entered extending the time for filing the transcript for 35 days. The transcript was filed on May 25, 1967. On May 30, 1967, it was the duty of the clerk to transmit the record together with transcript to this court, if costs had been paid. Ga. L. 1966, pp. 493, 497. The clerk billed the appellant for costs on April 28, 1967. The costs were paid on July 14, 1967, and the ease was immediately transmitted. The 43-day delay in transmittal was due to the fault of the appellant. It resulted in the case being returnable to the September term rather than the April term of this court. This is distinguished from Hornsby v. Rodriguez, 116 Ga. App. 234, where a delay in the trial court did not result in a stale appeal to this court. Therefore, under the mandate of the Supreme Court this court has no alternative but to grant the appellee’s motion to dismiss the appeal in Case No. 43044. George v. American Credit Control, 222 Ga. 512 (150 SE2d 683); Davis v. Davis, 222 Ga. 579 (151 SE2d 123); Vezzani v. Vezzani, 222 Ga. 853 (153 SE2d 161). *324 Since the appellee will not “stand to receive benefit or advantage by a decision on his cross appeal,” it is likewise dismissed. Ga. L. 1965, pp. 18, 29, as amended.

Submitted September 6, 1967 Decided September 15, 1967. Reuben M. Word, for appellant. William J. Wiggins, for appellee.

Appeal dismissed.

Felton, C. J., and Eberhardt, J., concur.

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Hall, Judge.

The plaintiff appeals from a judgment entered upon a directed verdict for the defendant. The defendant has made a motion to dismiss the appeal on the ground that the record was not transmitted to this court within 30 days after the appeal as required by Ga. L. 1965, pp. 18, 28, as amended, Ga. L. 1966, pp. 493, 497.

The notice of appeal was filed in the trial court on April 20, 1967. An order of court was entered extending the time for filing the transcript for 35 days. The transcript was filed on May 25, 1967. On May 30, 1967, it was the duty of the clerk to transmit the record together with transcript to this court, if costs had been paid. Ga. L. 1966, pp. 493, 497. The clerk billed the appellant for costs on April 28, 1967. The costs were paid on July 14, 1967, and the ease was immediately transmitted. The 43-day delay in transmittal was due to the fault of the appellant. It resulted in the case being returnable to the September term rather than the April term of this court. This is distinguished from Hornsby v. Rodriguez, 116 Ga. App. 234, where a delay in the trial court did not result in a stale appeal to this court. Therefore, under the mandate of the Supreme Court this court has no alternative but to grant the appellee’s motion to dismiss the appeal in Case No. 43044. George v. American Credit Control, 222 Ga. 512 (150 SE2d 683); Davis v. Davis, 222 Ga. 579 (151 SE2d 123); Vezzani v. Vezzani, 222 Ga. 853 (153 SE2d 161). *324 Since the appellee will not “stand to receive benefit or advantage by a decision on his cross appeal,” it is likewise dismissed. Ga. L. 1965, pp. 18, 29, as amended.

Submitted September 6, 1967 Decided September 15, 1967. Reuben M. Word, for appellant. William J. Wiggins, for appellee.

Appeal dismissed.

Felton, C. J., and Eberhardt, J., concur.

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157 S.E.2d 500, 116 Ga. App. 323, 1967 Ga. App. LEXIS 799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-mayor-c-of-city-of-carrollton-gactapp-1967.

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