White v. State

Court of Appeals of Georgia

White v. State

160 S.E.2d 227, 117 Ga. App. 277, 1968 Ga. App. LEXIS 1058

CourtCourt of Appeals of Georgia

DecidedJanuary 30, 1968

Docket43251

StatusPublished

Cited by1 cases

This text of 160 S.E.2d 227 (White v. State) 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.

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White v. State, 160 S.E.2d 227, 117 Ga. App. 277, 1968 Ga. App. LEXIS 1058 (Ga. Ct. App. 1968).

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Opinion

Quillian, Judge.

The appellee filed a motion to dismiss the appeal in the case sub judice because the appellant failed to file an enumeration of errors in this court within the time required by Rules 13 and 15 of the Court of Appeals. The appellant contends that his brief filed in this court included an enumeration of errors. Held:

In Windsor v. Southeastern Adjusters, Inc., 221 Ga. 329 (144 SE2d 739), the Supreme Court held that questions allegedly [278]*278presented for review in the appellant’s brief could not be considered as tantamount to enumerations of error since the brief is not a part of the record. See Rawls Bros. Co. v. Paul, 115 Ga. App. 731, 735 (4) (155 SE2d 819); Cross v. Miller, 221 Ga. 579, 582 (2) (146 SE2d 279). Thus, since any error not enumerated shall be disregarded, the appeal is incomplete and must, under the above authorities, be

Submitted January 4, 1968 Decided January 30, 1968 Rehearing denied February 21, 1968 Dan Copland, for appellant. W. B. Skipworth, Jr., Solicitor General, Frank K. Martin, for appellee.

Dismissed.

Bell, P. J., and Hall, J., concur.

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Quillian, Judge.

The appellee filed a motion to dismiss the appeal in the case sub judice because the appellant failed to file an enumeration of errors in this court within the time required by Rules 13 and 15 of the Court of Appeals. The appellant contends that his brief filed in this court included an enumeration of errors. Held:

In Windsor v. Southeastern Adjusters, Inc., 221 Ga. 329 (144 SE2d 739), the Supreme Court held that questions allegedly [278]*278presented for review in the appellant’s brief could not be considered as tantamount to enumerations of error since the brief is not a part of the record. See Rawls Bros. Co. v. Paul, 115 Ga. App. 731, 735 (4) (155 SE2d 819); Cross v. Miller, 221 Ga. 579, 582 (2) (146 SE2d 279). Thus, since any error not enumerated shall be disregarded, the appeal is incomplete and must, under the above authorities, be

Submitted January 4, 1968 Decided January 30, 1968 Rehearing denied February 21, 1968 Dan Copland, for appellant. W. B. Skipworth, Jr., Solicitor General, Frank K. Martin, for appellee.

Dismissed.

Bell, P. J., and Hall, J., concur.

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160 S.E.2d 227, 117 Ga. App. 277, 1968 Ga. App. LEXIS 1058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-state-gactapp-1968.

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