Parker v. Coker

Court of Appeals of Georgia

Parker v. Coker

145 S.E.2d 628, 112 Ga. App. 448, 1965 Ga. App. LEXIS 734

CourtCourt of Appeals of Georgia

DecidedOctober 14, 1965

Docket41579

StatusPublished

This text of 145 S.E.2d 628 (Parker v. Coker) 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

Parker v. Coker, 145 S.E.2d 628, 112 Ga. App. 448, 1965 Ga. App. LEXIS 734 (Ga. Ct. App. 1965).

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Opinion

Nichols, Presiding Judge.

The sole question for decision is whether the respondent can be adjudged in contempt of court in one case for failing to deliver to the clerk of the trial court depositions originally filed in a previous case between different parties and by court order removed and expunged from the record in such previous case.

On motion by a proper party matter may be ordered expunged from the record (Kelley v. Tanksley, 105 Ga. App. 65 (123 SE2d 462)), and the judgment ordering the depositions removed from the record and delivered to the appellant in accordance with the stipulation between the parties in such litigation was not void. Therefore, the depositions were no longer a part of the record in case No. 9677, and the order finding the appellant guilty of contempt of court because he failed to return to the clerk “court records” must be reversed since under the facts the depositions were not court records which the trial [450]*450court could order returned to the clerk under the provisions of Rules 25 and 35 of the Rules of the Superior Courts (Code Ann. §§24-3325, 24-3335).

Judgment reversed.

Eberhardt and Parnell, JJ., concur.

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Nichols, Presiding Judge.

The sole question for decision is whether the respondent can be adjudged in contempt of court in one case for failing to deliver to the clerk of the trial court depositions originally filed in a previous case between different parties and by court order removed and expunged from the record in such previous case.

On motion by a proper party matter may be ordered expunged from the record (Kelley v. Tanksley, 105 Ga. App. 65 (123 SE2d 462)), and the judgment ordering the depositions removed from the record and delivered to the appellant in accordance with the stipulation between the parties in such litigation was not void. Therefore, the depositions were no longer a part of the record in case No. 9677, and the order finding the appellant guilty of contempt of court because he failed to return to the clerk “court records” must be reversed since under the facts the depositions were not court records which the trial [450]*450court could order returned to the clerk under the provisions of Rules 25 and 35 of the Rules of the Superior Courts (Code Ann. §§24-3325, 24-3335).

Judgment reversed.

Eberhardt and Parnell, JJ., concur.

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Bluebook (online)

145 S.E.2d 628, 112 Ga. App. 448, 1965 Ga. App. LEXIS 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-coker-gactapp-1965.

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