Shine v. Sportservice Corporation

231 S.E.2d 130, 140 Ga. App. 355, 1976 Ga. App. LEXIS 1471
CourtCourt of Appeals of Georgia
DecidedNovember 5, 1976
Docket52995
StatusPublished
Cited by13 cases

This text of 231 S.E.2d 130 (Shine v. Sportservice Corporation) 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
Shine v. Sportservice Corporation, 231 S.E.2d 130, 140 Ga. App. 355, 1976 Ga. App. LEXIS 1471 (Ga. Ct. App. 1976).

Opinion

Bell, Chief Judge.

Plaintiffs motion for summary judgment was granted on April 27, 1976. On May 26, 1976, defendant filed a motion for new trial which was denied on June 23, 1976. A notice of appeal from the judgment of June 23, 1976 was filed by defendant on June 23, 1976. Plaintiff has moved to dismiss the appeal. Held:

A motion for new trial is not the proper vehicle to obtain a re-examination of the grant of summary judgment and a motion so filed has no validity and will not extend the filing date of a notice of appeal within the intent and meaning of Code Ann. § 6-803. See Code § 70-301 and Buchanan v. James, 134 Ga. 475 (1) (68 SE 72).

Appeal dismissed.

Clark and Stolz, JJ., concur. *356 Submitted November 1, 1976 Decided November 5, 1976. Arthur P. Tranakos, for appellant. Powell, Goldstein, Frazer & Murphy, James H. Reaten, Daniel M. Coursey, Frank Mays Hull, for appellee.

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Bluebook (online)
231 S.E.2d 130, 140 Ga. App. 355, 1976 Ga. App. LEXIS 1471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shine-v-sportservice-corporation-gactapp-1976.