Walker v. Harden

Court of Appeals of Georgia

Walker v. Harden

201 S.E.2d 483, 129 Ga. App. 782, 1973 Ga. App. LEXIS 1152

CourtCourt of Appeals of Georgia

DecidedSeptember 6, 1973

Docket48307

StatusPublished

Cited by1 cases

This text of 201 S.E.2d 483 (Walker v. Harden) 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

Walker v. Harden, 201 S.E.2d 483, 129 Ga. App. 782, 1973 Ga. App. LEXIS 1152 (Ga. Ct. App. 1973).

Pincite

Opinion

Bell, Chief Judge.

The appellant petitioned the superior court for a judicial review of an administrative agency decision under the provisions of the Administrative Procedure Act. Code Ann. § 3A-120. In the superior court she moved for judgment on the pleadings and for summary judgment, which were denied. The trial court has not issued a certificate of immediate review or for direct appeal under either Code Ann. § 6-701 (a, 2) or Code Ann. § 81A-156 (h). The jurisdiction over this appeal is controlled by the holding in Howell v. Harden, 129 Ga. App. 200 (198 SE2d 890). Howell held that the Civil Practice Act has no application to judicial review of administrative agency decisions under § 20 of [783]*783the Administrative Procedure Act, and that motions for judgment on the pleadings and for summary judgment are "functionless” and are not appropriate in the superior court when that court is sitting as an appellate court under authority of the Administrative Procedure Act. Hence, even if those motions are in fact made in such a proceeding and are in fact ruled on by the superior court, the rulings are nullities and unappealable even with the judge’s certificate.

Argued July 2, 1973 Decided September 6, 1973 Rehearing denied October 3, 1973 Kenneth. G. Levin, for appellant. ArthurK. Bolton, Attorney General, Timothy J. Sweeney, Dorothy Y. Kirkley, Assistant Attorneys General, for appellee.

Appeal dismissed.

Deen and Quillian, JJ., concur.

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Bell, Chief Judge.

The appellant petitioned the superior court for a judicial review of an administrative agency decision under the provisions of the Administrative Procedure Act. Code Ann. § 3A-120. In the superior court she moved for judgment on the pleadings and for summary judgment, which were denied. The trial court has not issued a certificate of immediate review or for direct appeal under either Code Ann. § 6-701 (a, 2) or Code Ann. § 81A-156 (h). The jurisdiction over this appeal is controlled by the holding in Howell v. Harden, 129 Ga. App. 200 (198 SE2d 890). Howell held that the Civil Practice Act has no application to judicial review of administrative agency decisions under § 20 of [783]*783the Administrative Procedure Act, and that motions for judgment on the pleadings and for summary judgment are "functionless” and are not appropriate in the superior court when that court is sitting as an appellate court under authority of the Administrative Procedure Act. Hence, even if those motions are in fact made in such a proceeding and are in fact ruled on by the superior court, the rulings are nullities and unappealable even with the judge’s certificate.

Argued July 2, 1973 Decided September 6, 1973 Rehearing denied October 3, 1973 Kenneth. G. Levin, for appellant. ArthurK. Bolton, Attorney General, Timothy J. Sweeney, Dorothy Y. Kirkley, Assistant Attorneys General, for appellee.

Appeal dismissed.

Deen and Quillian, JJ., concur.

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Bluebook (online)

201 S.E.2d 483, 129 Ga. App. 782, 1973 Ga. App. LEXIS 1152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-harden-gactapp-1973.

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