Nixon v. A. F. M., Inc.

Court of Appeals of Georgia

Nixon v. A. F. M., Inc.

336 S.E.2d 382, 176 Ga. App. 546, 1985 Ga. App. LEXIS 2377

CourtCourt of Appeals of Georgia

DecidedOctober 23, 1985

Docket71019

StatusPublished

Cited by3 cases

This text of 336 S.E.2d 382 (Nixon v. A. F. M., Inc.) 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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Nixon v. A. F. M., Inc., 336 S.E.2d 382, 176 Ga. App. 546, 1985 Ga. App. LEXIS 2377 (Ga. Ct. App. 1985).

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Deen, Presiding Judge.

A. F. M., Inc. commenced this dispossessory action against Juanita Nixon for failure to pay rent, and on May 3, 1985, the trial court granted A. F. M., Inc., a writ of possession and ordered Ñixon to pay $369 back rent, plus court costs. On May 9, 1985, Nixon filed this direct appeal. Under OCGA § 5-6-35 (a) (3), however, an applica[547]*547tion for discretionary appeal was required in this case. Accordingly, the appropriate appellate procedure was not followed and the appeal must be dismissed. Walker v. City of Macon, 166 Ga. App. 228 (303 SE2d 776) (1983).

Decided October 23, 1985. Juanita Nixon, pro se. Claudine Benton, pro se.

Appeal dismissed.

Banke, C. J., McMurray, P. J., Birdsong, P. J., Carley, Sognier, Pope, and Benham, JJ., concur. Beasley, J., dissents.

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Deen, Presiding Judge.

A. F. M., Inc. commenced this dispossessory action against Juanita Nixon for failure to pay rent, and on May 3, 1985, the trial court granted A. F. M., Inc., a writ of possession and ordered Ñixon to pay $369 back rent, plus court costs. On May 9, 1985, Nixon filed this direct appeal. Under OCGA § 5-6-35 (a) (3), however, an applica[547]*547tion for discretionary appeal was required in this case. Accordingly, the appropriate appellate procedure was not followed and the appeal must be dismissed. Walker v. City of Macon, 166 Ga. App. 228 (303 SE2d 776) (1983).

Decided October 23, 1985. Juanita Nixon, pro se. Claudine Benton, pro se.

Appeal dismissed.

Banke, C. J., McMurray, P. J., Birdsong, P. J., Carley, Sognier, Pope, and Benham, JJ., concur. Beasley, J., dissents.

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336 S.E.2d 382, 176 Ga. App. 546, 1985 Ga. App. LEXIS 2377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nixon-v-a-f-m-inc-gactapp-1985.

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