Lewis & Sheron Enterprises, Inc. v. Great a & P Tea Co.

Court of Appeals of Georgia

Lewis & Sheron Enterprises, Inc. v. Great a & P Tea Co.

222 S.E.2d 659, 136 Ga. App. 910, 1975 Ga. App. LEXIS 1527

CourtCourt of Appeals of Georgia

DecidedNovember 24, 1975

Docket51457

StatusPublished

Cited by11 cases

This text of 222 S.E.2d 659 (Lewis & Sheron Enterprises, Inc. v. Great a & P Tea Co.) 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.

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Lewis & Sheron Enterprises, Inc. v. Great a & P Tea Co., 222 S.E.2d 659, 136 Ga. App. 910, 1975 Ga. App. LEXIS 1527 (Ga. Ct. App. 1975).

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Deen, Presiding Judge.

Appellant, plaintiff below, seeks to appeal from the granting of a summary judgment for the defendant-appellee. The record reveals that this order of the trial judge was filed with the clerk on July 11, 1975, and the notice of appeal was filed on August 14, 1975. Under Code Ann. § 6-803 the notice of appeal must be filed within 30 days after entry of the appealable decision or judgment complained of. Filing with the clerk of a judgment signed by the trial judge constitutes entry of judgment within the meaning of the 1965 Appellate Practice Act. Langdale Co. v. Day, 115 Ga. App. 30 (1) (153 SE2d 671); Code Ann. § 6-903. No extension of time for filing a notice of appeal, as required by Code Ann. § 6-804, appears in the record. The appellant urges that clerk’s "docket sheet” indicated that a judgment had been entered on July 16, 1975, and that its notice of appeal is therefore timely. We have rejected this argument before, noting that it is the filing of a judgment, signed by the judge, with the clerk which starts the running of the [911]*911applicable 30-day limit and not the clerk’s subsequent entry on the docket. Thomas v. Allstate Ins. Co., 133 Ga. App. 193 (210 SE2d 361); Fastenberg v. Associated Distributors, Inc., 134 Ga. App. 213 (213 SE2d 898). We reiterate that the party desiring to take an appeal has the burden of finding out when the judgment is filed with the clerk and he cannot rely on the subsequent entry of the order on the docket sheet. See Jordan v. Caldwell, 229 Ga. 343 (191 SE2d 530).

Argued October 30, 1975 Decided November 24, 1975 Rehearing denied December 4, 1975. Ben F. Sweet, for appellant. Carter, Ansley, Smith & McLendon, M. D. Mc-Lendon, Thomas C. Benedict, for appellee.

The record shows that appellant’s notice of appeal to have been filed more than 30 days after entry of the judgment without benefit of an extension of time for such filing. This court is without jurisdiction to review the judgment entered below because of appellant’s failure to perfect its appeal pursuant to the Appellate Practice Act.

Appeal dismissed.

Stolz, J., concurs. Evans, J., concurs specially.

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Deen, Presiding Judge.

Appellant, plaintiff below, seeks to appeal from the granting of a summary judgment for the defendant-appellee. The record reveals that this order of the trial judge was filed with the clerk on July 11, 1975, and the notice of appeal was filed on August 14, 1975. Under Code Ann. § 6-803 the notice of appeal must be filed within 30 days after entry of the appealable decision or judgment complained of. Filing with the clerk of a judgment signed by the trial judge constitutes entry of judgment within the meaning of the 1965 Appellate Practice Act. Langdale Co. v. Day, 115 Ga. App. 30 (1) (153 SE2d 671); Code Ann. § 6-903. No extension of time for filing a notice of appeal, as required by Code Ann. § 6-804, appears in the record. The appellant urges that clerk’s "docket sheet” indicated that a judgment had been entered on July 16, 1975, and that its notice of appeal is therefore timely. We have rejected this argument before, noting that it is the filing of a judgment, signed by the judge, with the clerk which starts the running of the [911]*911applicable 30-day limit and not the clerk’s subsequent entry on the docket. Thomas v. Allstate Ins. Co., 133 Ga. App. 193 (210 SE2d 361); Fastenberg v. Associated Distributors, Inc., 134 Ga. App. 213 (213 SE2d 898). We reiterate that the party desiring to take an appeal has the burden of finding out when the judgment is filed with the clerk and he cannot rely on the subsequent entry of the order on the docket sheet. See Jordan v. Caldwell, 229 Ga. 343 (191 SE2d 530).

Argued October 30, 1975 Decided November 24, 1975 Rehearing denied December 4, 1975. Ben F. Sweet, for appellant. Carter, Ansley, Smith & McLendon, M. D. Mc-Lendon, Thomas C. Benedict, for appellee.

The record shows that appellant’s notice of appeal to have been filed more than 30 days after entry of the judgment without benefit of an extension of time for such filing. This court is without jurisdiction to review the judgment entered below because of appellant’s failure to perfect its appeal pursuant to the Appellate Practice Act.

Appeal dismissed.

Stolz, J., concurs. Evans, J., concurs specially.

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222 S.E.2d 659, 136 Ga. App. 910, 1975 Ga. App. LEXIS 1527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-sheron-enterprises-inc-v-great-a-p-tea-co-gactapp-1975.

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