Blanton v. Jones, 27993
| Decision Date | 05 September 1973 |
| Docket Number | No. 27993,27993 |
| Citation | 230 Ga. 866,199 S.E.2d 801 |
| Parties | Glenn F. BLANTON v. James C. JONES et al. |
| Court | Georgia Supreme Court |
Peek, Whaley & Haldi, J. Corbett Peek, Jr., Atlanta, for appellant.
Martin H. Peabody, John L. Respess, Jr., Atlanta, James L. Mayson, Acworth, for appellees.
Syllabus Opinion by the Court
This appeal is from an order of the Superior Court of Fulton County dismissing the complaint of the plaintiff, Glenn F. Blanton. The complaint sought to set aside a summary judgment in favor of the defendant, which had been entered in a prior action between these parties, on the ground that the plaintiff was never served with the defendant's motion for summary judgment. The trial court, after a hearing thereon, found that the plaintiff was legally served and entered an order to this effect on December 18, 1972.
The record here shows the plaintiff's notice of appeal was dated and filed on January 18, 1973. The record also shows no order of the trial court extending the time for filing the notice of appeal. Georgia law requires that notice of appeal must be filed within thirty days of the trial court's order, absent some extension, to enable this court to consider the case on the merits. Jordan v. Caldwell, 229 Ga. 343, 191 S.E.2d 530. Since this appeal was filed too late, the appellee's motion to dismiss must be granted. Genins v. Genins, 226 Ga. 70, 172 S.E.2d 416.
Appeal dismissed.
All the Justices concur.
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Kennedy v. Brown
...an extension during such period is absolutely essential, to enable this court to consider the case on the merits. Blanton v. Jones et al., 230 Ga. 866, 199 S.E.2d 801 (1973). Since an appeal from the court's order dated March 5, 1976, and entered March 30, 1976, was not made, this court nee......
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Wilson v. Coite Somers Co.
...thirty days of the trial court's order, absent some extension, to enable this court to consider the cae on the merits.' Blanton v. Jones, 230 Ga. 866, 199 S.E.2d 801. This is equally true for the Court of Appeals. Code Ann. § 6-809(b)(2). '. . . (I)t is manifest that the General Assembly in......
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Hester v. State, 33631
...Curry v. Hopper, 234 Ga. 642, 217 S.E.2d 155 (1975); Thibadeau v. Henley, 233 Ga. 884, 213 S.E.2d 657 (1975); Blanton v. Jones, 230 Ga. 866, 199 S.E.2d 801 (1973); Pittman v. State, 229 Ga. 656, 193 S.E.2d 820 Appeal dismissed. All the Justices concur. ...
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May v. May
...pp. 18, 21). Therefore, this appeal must be dismissed. Code Ann. § 6-809(b)(1) (Ga.L.1965, pp. 18, 29, as amended); Blanton v. Jones, 230 Ga. 866, 199 S.E.2d 801 (1973); Model Cleaners & Laundry, Inc. v. Per Corp., 127 Ga.App. 559, 194 S.E.2d 258 (1972). 'The proper and timely filing of a n......