Risner v. GEORGIA DEPARTMENT OF LABOR

Court of Appeals of Georgia

Risner v. GEORGIA DEPARTMENT OF LABOR

308 S.E.2d 582, 168 Ga. App. 242, 1983 Ga. App. LEXIS 2738

CourtCourt of Appeals of Georgia

DecidedSeptember 9, 1983

Docket66543, 66577

StatusPublished

Cited by4 cases

This text of 308 S.E.2d 582 (Risner v. GEORGIA DEPARTMENT OF LABOR) 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

Risner v. GEORGIA DEPARTMENT OF LABOR, 308 S.E.2d 582, 168 Ga. App. 242, 1983 Ga. App. LEXIS 2738 (Ga. Ct. App. 1983).

Pincite

Opinion

McMurray, Presiding Judge.

These two cases are appeals of an adverse decision of the superior court, the same being an appellate review by the superior court of a ruling of the Georgia Department of Labor and the Georgia State Personnel Board affirming a decision terminating this state employee’s employment. Two different appeals were taken to the superior court from the adverse ruling of the state personnel board (the Georgia Department of Labor) involving the same subject matter which resulted in two different civil actions filed in the superior court. However, the appellant has failed to follow the proper appeal procedure in appealing from a decision of the superior court reviewing a decision of a state administrative agency as required by OCGA § 5-6-35 (formerly Code Ann. § 6-701.1 (Ga. L. 1979, pp. 619, 620)). This statute involving appeals in certain cases provides for an application in the nature of a petition enumerating the errors to be urged on appeal and stating why the appellate court has jurisdiction, specifying the order or judgment being appealed, and this procedure has not been followed here. Compare Dept. of Human Resources v. Green, 160 Ga. App. 37 (285 SE2d 772); and Ga. Dept. of Labor v. Sims, 164 Ga. App. 856 (298 SE2d 562), in which discretionary appeals were granted.

Both of these cases are by direct appeal, and this court has not issued an order granting such application for appeal in accordance with the statute. Accordingly, the appellant having failed to obtain an order of this court permitting the filing of the instant appeals, both appeals must be dismissed. See Hogan v. Taylor County Bd. of Ed., 157 Ga. App. 680 (278 SE2d 106); Evans v. Davey, 154 Ga. App. 269 (267 SE2d 875); Morgan v. Morgan, 154 Ga. App. 595 (270 SE2d 94).

*243 Decided September 9, 1983 Rehearing denied September 30, 1983 J. Wayne Moulton, for appellant. Kirby G. Atkinson, Carl C. Jones, Senior Assistant Attorney General, for appellee.

Appeals dismissed.

Shulman, C. J., and Birdsong, J., concur.

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

McMurray, Presiding Judge.

These two cases are appeals of an adverse decision of the superior court, the same being an appellate review by the superior court of a ruling of the Georgia Department of Labor and the Georgia State Personnel Board affirming a decision terminating this state employee’s employment. Two different appeals were taken to the superior court from the adverse ruling of the state personnel board (the Georgia Department of Labor) involving the same subject matter which resulted in two different civil actions filed in the superior court. However, the appellant has failed to follow the proper appeal procedure in appealing from a decision of the superior court reviewing a decision of a state administrative agency as required by OCGA § 5-6-35 (formerly Code Ann. § 6-701.1 (Ga. L. 1979, pp. 619, 620)). This statute involving appeals in certain cases provides for an application in the nature of a petition enumerating the errors to be urged on appeal and stating why the appellate court has jurisdiction, specifying the order or judgment being appealed, and this procedure has not been followed here. Compare Dept. of Human Resources v. Green, 160 Ga. App. 37 (285 SE2d 772); and Ga. Dept. of Labor v. Sims, 164 Ga. App. 856 (298 SE2d 562), in which discretionary appeals were granted.

Both of these cases are by direct appeal, and this court has not issued an order granting such application for appeal in accordance with the statute. Accordingly, the appellant having failed to obtain an order of this court permitting the filing of the instant appeals, both appeals must be dismissed. See Hogan v. Taylor County Bd. of Ed., 157 Ga. App. 680 (278 SE2d 106); Evans v. Davey, 154 Ga. App. 269 (267 SE2d 875); Morgan v. Morgan, 154 Ga. App. 595 (270 SE2d 94).

*243 Decided September 9, 1983 Rehearing denied September 30, 1983 J. Wayne Moulton, for appellant. Kirby G. Atkinson, Carl C. Jones, Senior Assistant Attorney General, for appellee.

Appeals dismissed.

Shulman, C. J., and Birdsong, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

308 S.E.2d 582, 168 Ga. App. 242, 1983 Ga. App. LEXIS 2738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/risner-v-georgia-department-of-labor-gactapp-1983.

Opinion

Related

Cite This Page — Counsel Stack