Sparks v. Caldwell

Supreme Court of Georgia

Sparks v. Caldwell

261 S.E.2d 590, 244 Ga. 530, 1979 Ga. LEXIS 1325

Supreme Court of Georgia·Decided October 23, 1979·No. 35465·Published·Cited by 13 cases

Opinion

Undercofler, Presiding Justice.

This case involves the timeliness of the filing of a notice of appeal from the claims examiner to the appeals referee under the Employment Security Act. The Board of Review and the DeKalb Superior Court affirmed the dismissal. Sparks raised his constitutional attack on the notice of appeal provision, Code Ann. § 54-612(3), for the first time in the superior court. His challenge comes too late. Under our decisions, the challenge must first be made before the agency. Code Ann. § 3A-120(c). See Ga. Real Estate Comm. v. Burnette, 243 Ga. 516 (255 SE2d 38) (1979); Elson’s Book Store v. Buice, 227 Ga. 170 (179 SE2d 250) (1971).

Judgment affirmed.

All the Justices concur.

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Undercofler, Presiding Justice.

This case involves the timeliness of the filing of a notice of appeal from the claims examiner to the appeals referee under the Employment Security Act. The Board of Review and the DeKalb Superior Court affirmed the dismissal. Sparks raised his constitutional attack on the notice of appeal provision, Code Ann. § 54-612(3), for the first time in the superior court. His challenge comes too late. Under our decisions, the challenge must first be made before the agency. Code Ann. § 3A-120(c). See Ga. Real Estate Comm. v. Burnette, 243 Ga. 516 (255 SE2d 38) (1979); Elson’s Book Store v. Buice, 227 Ga. 170 (179 SE2d 250) (1971).

Judgment affirmed.

All the Justices concur.

Sparks v. Caldwell, 261 S.E.2d 590, 244 Ga. 530, 1979 Ga. LEXIS 1325 (Ga. 1979).

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Opinion

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