Olson v. Austin Enterprises, Inc.

Court of Appeals of Georgia

Olson v. Austin Enterprises, Inc.

156 S.E.2d 655, 116 Ga. App. 197, 1967 Ga. App. LEXIS 740

CourtCourt of Appeals of Georgia

DecidedJuly 14, 1967

Docket42938

StatusPublished

Cited by4 cases

This text of 156 S.E.2d 655 (Olson v. Austin Enterprises, 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.

Bluebook

Olson v. Austin Enterprises, Inc., 156 S.E.2d 655, 116 Ga. App. 197, 1967 Ga. App. LEXIS 740 (Ga. Ct. App. 1967).

Pincite

Opinion

Felton, Chief Judge.

The appellee filed a motion to dismiss this appeal. It is stated in the notice that the appeal is “from the verdict and judgment dated February 15, 1967,” as well as from various nonappealable rulings and instructions to the jury. The verdict was dated February 15, 1967, but the judgment thereon was dated February 17, 1967. There is no judgment, ruling or order in the record which is shown to have been entered on February 15, 1967.

Based solely on the cases of Walker v. Walker, 222 Ga. 521 (150 SE2d 635) and Bowers v. Gill, 222 Ga. 529 (150 SE2d 653), the records in which show final judgments, we are constrained to hold that the notice of appeal in this case does not set forth a “judgment, ruling or order entitling the appellant to take an appeal,” as required by the Appellate Practice Act of 1965. Ga. L. 1965, pp. 18, 20, as amended (Code Ann. § 6-802). Nor can there be an appeal from a verdict. Interstate Fire Ins. Co. v. Chattam, 222 Ga. 436 *198 (150 SE2d 618). Therefore, the appellee’s motion to dismiss must be and is sustained and the appeal is

Submitted July 6,1967 Decided July 14, 1967. Charles D. Wheeler, for appellant. Noah J. Stone, Hugh D. Stone, for appellee.

Dismissed.

Hall and Eberhardt, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Felton, Chief Judge.

The appellee filed a motion to dismiss this appeal. It is stated in the notice that the appeal is “from the verdict and judgment dated February 15, 1967,” as well as from various nonappealable rulings and instructions to the jury. The verdict was dated February 15, 1967, but the judgment thereon was dated February 17, 1967. There is no judgment, ruling or order in the record which is shown to have been entered on February 15, 1967.

Based solely on the cases of Walker v. Walker, 222 Ga. 521 (150 SE2d 635) and Bowers v. Gill, 222 Ga. 529 (150 SE2d 653), the records in which show final judgments, we are constrained to hold that the notice of appeal in this case does not set forth a “judgment, ruling or order entitling the appellant to take an appeal,” as required by the Appellate Practice Act of 1965. Ga. L. 1965, pp. 18, 20, as amended (Code Ann. § 6-802). Nor can there be an appeal from a verdict. Interstate Fire Ins. Co. v. Chattam, 222 Ga. 436 *198 (150 SE2d 618). Therefore, the appellee’s motion to dismiss must be and is sustained and the appeal is

Submitted July 6,1967 Decided July 14, 1967. Charles D. Wheeler, for appellant. Noah J. Stone, Hugh D. Stone, for appellee.

Dismissed.

Hall and Eberhardt, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

156 S.E.2d 655, 116 Ga. App. 197, 1967 Ga. App. LEXIS 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olson-v-austin-enterprises-inc-gactapp-1967.

Opinion

Related

Cite This Page — Counsel Stack