Murdock v. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION

Court of Appeals of Georgia

Murdock v. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION

339 S.E.2d 392, 177 Ga. App. 409, 1985 Ga. App. LEXIS 2610

Court of Appeals of Georgia·Decided December 5, 1985·No. 71584·Published·Cited by 3 cases

Opinion

Beasley, Judge.

Appellant Murdock filed a direct appeal to this court on August *410 19, 1985 from a July 18, 1985 order of the State Court of Fulton County denying his traverse and disbursing funds in a garnishment proceeding. OCGA § 5-6-35 (a) (4) provides that in cases involving garnishment, except for all judgments or orders granting or refusing applications for attachment against fraudulent debtors which are directly appealable under OCGA § 5-6-34 (a) (5) (such judgments or orders are not in issue here), an application for appeal must be taken. Inasmuch as appellant has failed to obtain an order of this court permitting the filing of an appeal pursuant to OCGA § 5-6-35 (a) (4), the appeal must be dismissed. Mason v. Osburn Hardware &c. Co., 174 Ga. App. 865 (331 SE2d 888) (1985). We note that no separate application has been filed by appellant.

Decided December 5, 1985 Rehearing denied December 20, 1985 Charles H. Murdock, pro se. T. Gordon Lamb, Patricia A. Hoin, for appellee.

Appeal dismissed.

Been, P. J., and Pope, J., concur.

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Beasley, Judge.

Appellant Murdock filed a direct appeal to this court on August *410 19, 1985 from a July 18, 1985 order of the State Court of Fulton County denying his traverse and disbursing funds in a garnishment proceeding. OCGA § 5-6-35 (a) (4) provides that in cases involving garnishment, except for all judgments or orders granting or refusing applications for attachment against fraudulent debtors which are directly appealable under OCGA § 5-6-34 (a) (5) (such judgments or orders are not in issue here), an application for appeal must be taken. Inasmuch as appellant has failed to obtain an order of this court permitting the filing of an appeal pursuant to OCGA § 5-6-35 (a) (4), the appeal must be dismissed. Mason v. Osburn Hardware &c. Co., 174 Ga. App. 865 (331 SE2d 888) (1985). We note that no separate application has been filed by appellant.

Decided December 5, 1985 Rehearing denied December 20, 1985 Charles H. Murdock, pro se. T. Gordon Lamb, Patricia A. Hoin, for appellee.

Appeal dismissed.

Been, P. J., and Pope, J., concur.

Murdock v. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION, 339 S.E.2d 392, 177 Ga. App. 409, 1985 Ga. App. LEXIS 2610 (Ga. Ct. App. 1985).

Pincite

339 S.E.2d 392 (Murdock v. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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