Abel v. J. H. Harvey Co.
| Decision Date | 19 April 1972 |
| Docket Number | No. 47124,No. 3,47124,3 |
| Citation | 190 S.E.2d 87,126 Ga.App. 115 |
| Court | Georgia Court of Appeals |
| Parties | Laura L. ABEL v. J. H. HARVEY COMPANY, Inc |
Walker, Yancey & Gupton, Fred H. Walker, Valdosta, for appellant.
Young, Young & Ellerbee, F. Thomas Young, Valdosta, for appellee.
Syllabus Opinion by the Court
In this personal injury action the trial court granted the defendant's motion for summary judgment on November 23, 1971. A notice of appeal was filed December 22, 1971, which stated: 'Transcript of evidence and proceedings will be filed for inclusion in the record on appeal.' The appeal was docketed in this court on February 18, 1972, 38 days beyond the time allowed under Code Ann. § 6-808, which resulted in its being put on a later calendar call in this court than would have eventuated if it had been timely filed. The delay as stated in the certificate of the clerk was due to the fact that there was no transcript, whch was not discovered until February 17. It must therefore be charged against the appellant as it appears to have been due entirely to the erroneous designation of a transcript. This case is accordingly controlled by Kennedy v. Savannah News-Press, Inc., 122 Ga.App. 175, 176 S.E.2d 540, where under a substantially identical state of facts, the appeal was dismissed.
Our Rule 11, adding a requirement that objection to late filing must first be raised in the trial court, was not in effect at the time the case was docketed in this court and accordingly cannot be applied against the appellee movant.
Appeal dismissed.
To continue reading
Request your trial
-
Gilmore v. State
...v. Lloyd, 118 Ga.App. 835, 836, 165 S.E.2d 909, 910. Recent cases in this court conforming with such ruling are Abel v. J. H. Harvey Co., 126 Ga.App. 115, 190 S.E.2d 87 and Bretz v. Fitzgerald, 126 Ga.App. 367, 190 S.E.2d If the application is timely presented to the court, it does not have......
-
Edwards v. Everett
...Consequently, we must reverse the order and remand with instruction that[, if such a transcript exists (but see Abel v. J.H. Harvey Co., 126 Ga.App. 115, 190 S.E.2d 87 (1972); Kennedy v. Savannah News-Press, 122 Ga.App. 175, 176 S.E.2d 540 (1970)),] a finding be made on the issues of whethe......
-
Teston v. Mills, A91A1914
...dismissal of the appeal. See also Kennedy v. Savannah News-Press, 122 Ga.App. 175, 176 S.E.2d 540 (1970) and Abel v. J.H. Harvey Co., 126 Ga.App. 115, 190 S.E.2d 87 (1972); compare Battallia v. City of Columbus, 199 Ga.App. 897 (1), 406 S.E.2d 290 Judgment affirmed. BIRDSONG, P.J., and POPE......
-
Bretz v. Fitzgerald
...any right to object in this court as this rule was not even in existence at that time. See in this connection Abel v. J. H. Harvey Co., Inc., 126 Ga.App. 115, 190 S.E.2d 87. Appeal BELL, C.J., and STOLZ, J., concur. ...