Brown v. Webb
| Decision Date | 21 January 1997 |
| Docket Number | Nos. A96A2426,A96A2427,s. A96A2426 |
| Citation | 224 Ga.App. 856,482 S.E.2d 382 |
| Parties | , 97 FCDR 240, 97 FCDR 275, 97 FCDR 976 BROWN v. WEBB et al. (two cases). |
| Court | Georgia Court of Appeals |
Kunle Ogundele, Atlanta, for appellant.
Sharon W. Ware & Associates, Jay L. Drew, Tucker, for appellees.
On March 24, 1993, Deatrict Brown was involved in an automobile accident with a car owned by James Loupe and driven by Jeremy Webb. After attempts to settle the claims failed, Brown filed a complaint against Loupe and Webb in the State Court of DeKalb County on May 24, 1995. Although DeKalb County is apparently the county in which Webb is domiciled, he was never served with process. Defendant Loupe was served with process at his residence in Gwinnett County on June 5, 1995.
Thereafter, the defendants moved to dismiss Brown's complaint against them; Webb asserted that the trial court lacked personal jurisdiction over him because he had not been served with a copy of the summons and complaint and Loupe contended that the service on him was ineffective because it was made outside the period of limitations and Brown had failed to exercise due diligence in perfecting service. Thus, they asserted the complaint should be dismissed because the two-year statute of limitation had expired without proper service of process. After argument, the trial court signed an order granting summary judgment to Webb and Loupe on September 8, 1995, that was filed on September 11, 1995.
On October 9, 1995, Brown attempted to file a notice of appeal in this case appealing from a judgment on Webb and Brown's motion to dismiss on August 29, 1995. As no such order exists in the record, we assume that Brown was attempting to appeal the grant of summary judgment which was filed on September 11, 1995. Nevertheless, although the clerk's office stamped the notice of appeal as having been "received" on October 9, 1995, the notice of appeal was not filed because Brown did not pay the fee associated with the filing of a notice of appeal.
Earlier on September 13, 1995, Brown filed a motion for reconsideration of the trial court's dismissal of the action and a motion for an extension of time in which to file a notice of appeal until 15 days after the trial court ruled on Brown's motion for reconsideration. On November 9, 1995, however, the trial court denied Brown's motion for reconsideration and the motion for an extension of time in which to file a notice of appeal. Later, Brown filed an affidavit of indigency on December 15, 1995. Thereafter, on June 4, 1996, the trial court denied Brown's affidavit of indigency.
On June 13, 1996, Brown eventually filed the notice of appeal in Case No. A96A2426 and on July 16, 1996, filed the notice of appeal in Case No. A96A2427. Brown contends the trial court erred by granting summary judgment to Webb and Loupe. Held:
Webb and Loupe have moved to dismiss these appeals because the notices of appeal were not "filed...
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State v. Brown
...meaning of [the Appellate Practice Act].”); In the Interest of K.D., 272 Ga.App. 803, 805, 613 S.E.2d 239 (2005) ; Brown v. Webb, 224 Ga.App. 856, 857, 482 S.E.2d 382 (1997).5 Further, it is undisputed that the State filed with the clerk of the trial court a certification executed by the pr......
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The State v. Brown
...meaning of [the Appellate Practice Act]."); In the Interest of K. D., 272 Ga. App. 803, 805 (613 SE2d 239) (2005); Brown v. Webb, 224 Ga. App. 856, 857 (482 SE2d 382) (1997).5 Further, it is undisputed that the State filed with the clerk of the trial court a certification executed by the pr......
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Pirkle v. Quiktrip Corp.
...appeal in this Court, citing the same rationale. As did the trial court, we find unavailing QuikTrip's reliance on Brown v. Webb, 224 Ga.App. 856, 482 S.E.2d 382 (1997). There, Brown attempted to file a notice of appeal without paying the filing fee. Rather than filing the notice, as the cl......
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Edokpolor v. Grady Mem'l Hosp. Corp.
...be dismissed for lack of jurisdiction.” Underwood v. Lanier Home Center , 239 Ga.App. 282, 521 S.E.2d 207 (1999) ; Brown v. Webb , 224 Ga.App. 856, 857, 482 S.E.2d 382 (1997) ; OCGA § 5–6–48 (b). An order “constitutes a final judgment within the meaning of OCGA § 5–6–34 (a) (1) where it lea......