Bonzheim v. Bonzheim, 26412
| Decision Date | 08 April 1971 |
| Docket Number | No. 26412,26412 |
| Citation | 227 Ga. 478,181 S.E.2d 363 |
| Court | Georgia Supreme Court |
| Parties | Michael David BONZHEIM v. Sandra Kay BONZHEIM. |
Billy E. Moore, Columbus, for appellant.
Hatcher, Stubbs, Land, Hollis & Rothschild, William B. Hardegree, Columbus, for appellee.
Syllabus Opinion by the Court
This appeal is from the grant of a modification of a temporary order in a divorce and alimony case.
The notice of appeal was filed in the trial court clerk's office on January 18, 1971. The judgment complained of was rendered on December 17, 1970, but not entered until January 18, 1971. The affidavit of a deputy clerk of the trial court, filed in support of appellee's motion to dismiss the appeal, certifies that at the time the notice of appeal was filed, the judgment complained of had not been entered.
A judgment cannot be considered appealable until it is actually entered; therefore, where the notice of appeal is filed before the entry of judgment, the appeal must be dismissed. Gibson v. Hodges, 221 Ga. 779, 781, 147 S.E.2d 329; Benton v. Smith, 226 Ga. 722, 177 S.E.2d 230. The present case is distinguishable from Anthony v. Anthony, 120 Ga.App. 261, 263(1a), 266(1), 170 S.E.2d 273 in that the presumption in that case, that the judgment filed on the same day as the notice of appeal was filed before the notice, does not arise in this case because of the affidavit to the contrary effect.
Appeal dismissed.
All the Justices concur.
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...was filed on August 20, 1973. The order and the judgment were both entered on August 21, 1973. Under the holding of Bonzheim v. Bonzheim, 227 Ga. 478, 181 S.E.2d 363: 'A judgment cannot be considered appealable until it is actually entered; therefore, where the notice of appeal is filed bef......
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...162 S.E.2d 306; Gibson v. Hodges, 221 Ga. 779(2), 781, 147 S.E.2d 329; Benton v. Smith, 226 Ga. 722, 177 S.E.2d 230; Bonzheim v. Bonzheim, 227 Ga. 478, 181 S.E.2d 363. There is simply nothing to On May 7, 1975, the clerk of this court received a belated written order signed by the judge of ......
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Laurens County v. Dixon, s. 49651
...of the trial court or 'entered' within the ten-day period in order to secure immediate review of a non-final judgment.' Bonzheim v. Bonzheim, 227 Ga. 478, 181 S.E.2d 363, held that a judgment could not be considered appealable until it was actually entered. In Cunningham v. State, 232 Ga. 4......