Stewart v. Church

Court of Appeals of Georgia

Stewart v. Church

175 S.E.2d 46, 121 Ga. App. 783, 1970 Ga. App. LEXIS 1355

CourtCourt of Appeals of Georgia

DecidedMay 21, 1970

Docket45322

StatusPublished

This text of 175 S.E.2d 46 (Stewart v. Church) 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

Stewart v. Church, 175 S.E.2d 46, 121 Ga. App. 783, 1970 Ga. App. LEXIS 1355 (Ga. Ct. App. 1970).

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Opinion

Jordan, Presiding Judge.

The only document in this case which could be regarded as a notice of appeal is designated as a “Notice of Intent to Appeal” stating “Now comes [sic] the defendants in the above styled case and files this their notice of intent to appeal the above styled case to the Court of Appeals of Georgia. All issues involved in defendant’s [sic] motion for new trial as amended should be a part of the appeal. The clerk of superior court is directed to omit nothing from the appeal and to specifically include the information, transcripts, petitions and order involving the first and second trial of the above styled case.”

Submitted May 5, 1970 Decided May 21, 1970. Maylon K. London, for appellants. James M. Bea, for appellee.

Nowhere does the above notice set forth “a concise statement of the judgment, ruling or order entitling the appellant to take an appeal” as required by the Appellate Practice Act as amended (Ga. L. 1966, pp. 493, 495; Code Ann. § 6-802), and no judgment whatsoever being specified to support the appeal, it is not a situation as provided for in the Act as further amended (Ga. L. 1968, pp. 1072, 1074; Code Ann. § 6-809 (d)).. Instead, the case discloses a situation substantially identical to that involved in Ballew v. State, 225 Ga. 547 (170 SE2d 242), and is controlled by the ruling of the Supreme Court in that case. Also see Head v. Gulf Oil Corp., 225 Ga. 21 (165 SE2d 658).

Appeal dismissed.

Eberhardt and Pannell, JJ., concur.

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Jordan, Presiding Judge.

The only document in this case which could be regarded as a notice of appeal is designated as a “Notice of Intent to Appeal” stating “Now comes [sic] the defendants in the above styled case and files this their notice of intent to appeal the above styled case to the Court of Appeals of Georgia. All issues involved in defendant’s [sic] motion for new trial as amended should be a part of the appeal. The clerk of superior court is directed to omit nothing from the appeal and to specifically include the information, transcripts, petitions and order involving the first and second trial of the above styled case.”

Submitted May 5, 1970 Decided May 21, 1970. Maylon K. London, for appellants. James M. Bea, for appellee.

Nowhere does the above notice set forth “a concise statement of the judgment, ruling or order entitling the appellant to take an appeal” as required by the Appellate Practice Act as amended (Ga. L. 1966, pp. 493, 495; Code Ann. § 6-802), and no judgment whatsoever being specified to support the appeal, it is not a situation as provided for in the Act as further amended (Ga. L. 1968, pp. 1072, 1074; Code Ann. § 6-809 (d)).. Instead, the case discloses a situation substantially identical to that involved in Ballew v. State, 225 Ga. 547 (170 SE2d 242), and is controlled by the ruling of the Supreme Court in that case. Also see Head v. Gulf Oil Corp., 225 Ga. 21 (165 SE2d 658).

Appeal dismissed.

Eberhardt and Pannell, JJ., concur.

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Bluebook (online)

175 S.E.2d 46, 121 Ga. App. 783, 1970 Ga. App. LEXIS 1355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-church-gactapp-1970.

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