Spencer v. Young

Court of Appeals of Georgia

Spencer v. Young

220 S.E.2d 465, 136 Ga. App. 108, 1975 Ga. App. LEXIS 1263

CourtCourt of Appeals of Georgia

DecidedSeptember 26, 1975

Docket50979

StatusPublished

This text of 220 S.E.2d 465 (Spencer v. Young) 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

Spencer v. Young, 220 S.E.2d 465, 136 Ga. App. 108, 1975 Ga. App. LEXIS 1263 (Ga. Ct. App. 1975).

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Opinion

Evans, Judge.

This case was filed in this court on May 28, 1975. Counsel was immediately notified that the enumeration of errors must be filed within 20 days from that date. Enumeration of errors was not filed within the 20 days, and on June 30, 1975 (33 days later), the clerk, by order, notified counsel for the appellant to file its enumeration of errors and brief no later than 4:30 p.m., July 5,1975. The enumeration of errors was thereafter filed in the court on July 10,1975, some 23 days late, and5 days after the court had notified counsel by order to file enumeration of errors or stand dismissed. Under Rule 14 (a) (Code Ann. § 24-3614), the failure to comply with an order of this court directing the filing of enumeration of errors shall cause the appeal to be dismissed. Therefore, the motion to dismiss is granted. See Rentfrow v. Smith, 225 Ga. 493 (169 SE2d 807); Williams v. Gwinnett St. Inv. Co., 121 Ga. App. 133 (173 SE2d 231).

Appeal dismissed.

Deen, P. J., and Stolz, J., concur.

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Evans, Judge.

This case was filed in this court on May 28, 1975. Counsel was immediately notified that the enumeration of errors must be filed within 20 days from that date. Enumeration of errors was not filed within the 20 days, and on June 30, 1975 (33 days later), the clerk, by order, notified counsel for the appellant to file its enumeration of errors and brief no later than 4:30 p.m., July 5,1975. The enumeration of errors was thereafter filed in the court on July 10,1975, some 23 days late, and5 days after the court had notified counsel by order to file enumeration of errors or stand dismissed. Under Rule 14 (a) (Code Ann. § 24-3614), the failure to comply with an order of this court directing the filing of enumeration of errors shall cause the appeal to be dismissed. Therefore, the motion to dismiss is granted. See Rentfrow v. Smith, 225 Ga. 493 (169 SE2d 807); Williams v. Gwinnett St. Inv. Co., 121 Ga. App. 133 (173 SE2d 231).

Appeal dismissed.

Deen, P. J., and Stolz, J., concur.

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Bluebook (online)

220 S.E.2d 465, 136 Ga. App. 108, 1975 Ga. App. LEXIS 1263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-young-gactapp-1975.

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