Home/Supreme Court of Georgia/Sparks v. Caldwell

Sparks v. Caldwell

261 S.E.2d 590, 244 Ga. 530, 1979 Ga. LEXIS 1325
CourtSupreme Court of Georgia
DecidedOctober 23, 1979
Docket35465
StatusPublished
Cited by13 cases

This text of 261 S.E.2d 590 (Sparks v. Caldwell) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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Cite This Page — Counsel Stack

Bluebook (online)
261 S.E.2d 590, 244 Ga. 530, 1979 Ga. LEXIS 1325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sparks-v-caldwell-ga-1979.