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Model Cleaners & Laundry, Inc. v. PER CORPORATION

194 S.E.2d 258, 127 Ga. App. 559, 1972 Ga. App. LEXIS 950
CourtCourt of Appeals of Georgia
DecidedNovember 15, 1972
Docket47566
StatusPublished
Cited by4 cases

This text of 194 S.E.2d 258 (Model Cleaners & Laundry, Inc. v. PER CORPORATION) 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
Model Cleaners & Laundry, Inc. v. PER CORPORATION, 194 S.E.2d 258, 127 Ga. App. 559, 1972 Ga. App. LEXIS 950 (Ga. Ct. App. 1972).

Opinion

Stolz, Judge.

The Superior Court of Cobb County sustained the motion to dismiss and the motion to quash service of *560 the defendant, Per Corporation, on March 1, 1972. The plaintiff obtained a certificate of immediate review on March 9, 1972, and filed its notice of appeal on April 6, 1972. Held:

Argued October 2, 1972 Decided November 15, 1972. Virgil C. Spence, for appellant. Custer, Smith & Manning, Donald D. Smith, for appellees.

The notice of appeal must be filed within 30 days after entry of an appealable judgment (Code Ann. § 6-803 (a); Ga. L. 1965, pp. 18, 21, as amended), unless the time is extended by the trial judge. Code Ann. §-6-804 (Ga. L. 1965, pp. 18, 21). There was no extension of time sought or granted in this case.

Failure to file notice of appeal within the time required, is a statutory ground for dismissal. Code Ann. § 6-809 (b) (1) (Ga. L. 1965, pp. 18, 29, as amended). See Jordan v. Caldwell, 229 Ga. 343, 344 (191 SE2d 530); Associated Builders Supply v. Georgia-Pacific Corp., 123 Ga. App. 222 (180 SE2d 273); Bailey v. Bonaparte, 125 Ga. App. 512 (188 SE2d 119).

Therefore, the defendant’s motion to dismiss the appeal is granted.

Appeal dismissed.

Bell, C. J., and Evans, J., concur.

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Bluebook (online)
194 S.E.2d 258, 127 Ga. App. 559, 1972 Ga. App. LEXIS 950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/model-cleaners-laundry-inc-v-per-corporation-gactapp-1972.