Brown v. Levine

Decision Date02 November 1998
Docket NumberNo. A98A0828.,A98A0828.
PartiesBROWN v. LEVINE.
CourtGeorgia Court of Appeals

OPINION TEXT STARTS HERE

Henry Brown, pro se.

Karsman, Brooks & Callaway, R. Krane Riddle, Savannah, for appellee.

McMURRAY, Presiding Judge.

Appellant Henry Brown filed this direct appeal from prison after the trial court disposed of appellant Brown's legal malpractice action via summary judgment. The Prison Litigation Reform Act of 1996 provides that "[a]ppeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35." OCGA § 42-12-8. Appellant Brown did not comply with the requisite discretionary procedures set forth in OCGA § 5-6-35 when he filed this appeal. We therefore have no jurisdiction to consider appellant Brown's appeal. Botts v. Givens, 223 Ga.App. 139, 476 S.E.2d 816. Accordingly, we must dismiss appellant Brown's appeal.

Appeal dismissed.

BLACKBURN and ELDRIDGE, JJ., concur.

To continue reading

Request your trial
2 cases
  • Crosson v. Conway
    • United States
    • Georgia Supreme Court
    • June 18, 2012
    ...v. State, 278 Ga. 805, 806(1), 606 S.E.2d 248 (2005); Chambers v. Abellana, 237 Ga.App. 698, 515 S.E.2d 884 (1999); Brown v. Levine, 235 Ga.App. 63, 508 S.E.2d 449 (1998). Furthermore, “[w]e do not ignore jurisdictional statutes in cases wherein the appellant has chosen, for whatever reason......
  • Grain Dealers Mutual Insurance Company v. PAT'S RENTALS, INC., A97A2122.
    • United States
    • Georgia Court of Appeals
    • November 2, 1998

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT