Jones v. Superior Court

Supreme Court of Georgia

Jones v. Superior Court

397 S.E.2d 297, 260 Ga. 428

CourtSupreme Court of Georgia

DecidedSeptember 27, 1990

DocketS90A1077

StatusPublished

This text of 397 S.E.2d 297 (Jones v. Superior Court) 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

Jones v. Superior Court, 397 S.E.2d 297, 260 Ga. 428 (Ga. 1990).

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Opinion

Benham, Justice.

This appeal follows the trial court’s denial of appellant’s request for the issuance of a writ of mandamus. We dismiss the appeal as untimely.

The trial court’s order denying the writ of mandamus and assess[429]*429ing costs against appellant was filed on October 25, 1989. Appellant did not file a notice of appeal until April 25, 1990, six days after the trial court denied his motion for reconsideration. Inasmuch as the motion for reconsideration did not extend the filing date for a notice of appeal (Donnelly v. Stynchcombe, 246 Ga. 118 (269 SE2d 10) (1980)), appellant’s notice of appeal was not filed within 30 days of the final judgment from which he appeals. OCGA § 5-6-38. Therefore, the appeal is dismissed.

Decided September 27, 1990. David Jones, Jr., pro se. Michael J. Bowers, Attorney General, Eddie Snelling, Jr., Dennis R. Dunn, Assistant Attorneys General, for appellee.

Appeal dismissed.

All the Justices concur, except Weltner, J., not participating.

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Benham, Justice.

This appeal follows the trial court’s denial of appellant’s request for the issuance of a writ of mandamus. We dismiss the appeal as untimely.

The trial court’s order denying the writ of mandamus and assess[429]*429ing costs against appellant was filed on October 25, 1989. Appellant did not file a notice of appeal until April 25, 1990, six days after the trial court denied his motion for reconsideration. Inasmuch as the motion for reconsideration did not extend the filing date for a notice of appeal (Donnelly v. Stynchcombe, 246 Ga. 118 (269 SE2d 10) (1980)), appellant’s notice of appeal was not filed within 30 days of the final judgment from which he appeals. OCGA § 5-6-38. Therefore, the appeal is dismissed.

Decided September 27, 1990. David Jones, Jr., pro se. Michael J. Bowers, Attorney General, Eddie Snelling, Jr., Dennis R. Dunn, Assistant Attorneys General, for appellee.

Appeal dismissed.

All the Justices concur, except Weltner, J., not participating.

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Bluebook (online)

397 S.E.2d 297, 260 Ga. 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-superior-court-ga-1990.

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