Moore v. First National Bank of Atlanta

Court of Appeals of Georgia

Moore v. First National Bank of Atlanta

252 S.E.2d 60, 148 Ga. App. 631, 1979 Ga. App. LEXIS 1580

CourtCourt of Appeals of Georgia

DecidedJanuary 9, 1979

Docket56771

StatusPublished

Cited by4 cases

This text of 252 S.E.2d 60 (Moore v. First National Bank of Atlanta) 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

Moore v. First National Bank of Atlanta, 252 S.E.2d 60, 148 Ga. App. 631, 1979 Ga. App. LEXIS 1580 (Ga. Ct. App. 1979).

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Opinion

Smith, Judge.

Moore appeals from the grant of First National Bank’s motion for summary judgment. The trial court entered judgment on the bank’s motion on January 13, 1978. On February 7, 1978, Moore filed a motion for new trial, and on March 23, 1978, the trial court denied it, finding that such a motion was "not in order.” On April 24, 1978, Moore filed a notice of appeal from the grant of the bank’s motion for summary judgment and from the denial of the motion for new trial.

Moore having failed to file the notice of appeal within thirty days of the trial court’s entry of summary judgment, we must dismiss the appeal. Ga. L. 1966, pp. 493, 496, as amended (Code Ann. § 6-803 (a)). "A motion for new trial is not the proper vehicle to obtain a re-examination of the grant of summary judgment and a motion so filed has no validity and will not extend the filing date of a notice of appeal within the intent and meaning of Code Ann. § 6-803.” Shine v. Sportservice Corp., 140 Ga. App. 355 (231 SE2d 130) (1976).

Appeal dismissed.

Deen, P. J., and Banke, J., concur.

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Smith, Judge.

Moore appeals from the grant of First National Bank’s motion for summary judgment. The trial court entered judgment on the bank’s motion on January 13, 1978. On February 7, 1978, Moore filed a motion for new trial, and on March 23, 1978, the trial court denied it, finding that such a motion was "not in order.” On April 24, 1978, Moore filed a notice of appeal from the grant of the bank’s motion for summary judgment and from the denial of the motion for new trial.

Moore having failed to file the notice of appeal within thirty days of the trial court’s entry of summary judgment, we must dismiss the appeal. Ga. L. 1966, pp. 493, 496, as amended (Code Ann. § 6-803 (a)). "A motion for new trial is not the proper vehicle to obtain a re-examination of the grant of summary judgment and a motion so filed has no validity and will not extend the filing date of a notice of appeal within the intent and meaning of Code Ann. § 6-803.” Shine v. Sportservice Corp., 140 Ga. App. 355 (231 SE2d 130) (1976).

Appeal dismissed.

Deen, P. J., and Banke, J., concur.

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252 S.E.2d 60, 148 Ga. App. 631, 1979 Ga. App. LEXIS 1580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-first-national-bank-of-atlanta-gactapp-1979.

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