Crudup, In re, 57064

Decision Date03 April 1979
Docket NumberNo. 57064,57064
Citation149 Ga.App. 214,253 S.E.2d 802
PartiesIn re CRUDUP.
CourtGeorgia Court of Appeals

John N. Crudup, Gainesville, pro se.

Jeff C. Wayne, Dist. Atty., for appellee.

DEEN, Chief Judge.

This appeal is brought from an order of the Superior Court of Hall County signed by Judge A. Richard Kenyon which found Attorney Crudup in contempt of court. Although the order contains findings of fact and conclusions of law, no sanctions were imposed against appellant. Code Ann. § 24-105 entitled "Powers of courts to punish for contempt" authorizes the various courts to issue attachments and to inflict summary punishment for contempt of court. Where the trial court issues an order finding appellant in contempt of court but does not impose punishment, no final judgment has been entered and the case is still pending in the court below and this court cannot review the lower court's decision. See Code Ann. § 6-701; see also Harrell v. Peteet, 134 Ga.App. 210, 214 S.E.2d 5 (1975).

Court of Appeals Rule 14(a) requires enumerations of error to be filed within twenty days after the case is docketed. "An enumeration of error may not be amended after the time for filing has expired." Williams v. State, 142 Ga.App. 764, 236 S.E.2d 893 (1977).

This appeal must be dismissed as premature.

Appeal dismissed.

McMURRAY and SHULMAN, JJ., concur.

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10 cases
  • HAMILTON CAPTIAL GROUP v. Equifax
    • United States
    • Georgia Court of Appeals
    • March 2, 2004
    ...thus not subject to a direct appeal. Carter v. Data Gen. Corp., 162 Ga. App. 379, 380-381(1), 291 S.E.2d 99 (1982); In re Crudup, 149 Ga.App. 214, 253 S.E.2d 802 (1979); Lake v. Hamilton Bank of Dalton, 148 Ga.App. 348, 349(1)(B), 251 S.E.2d 177 (1978); Harrell v. Peteet, 134 Ga.App. 210, 2......
  • Dowdy v. Palmour
    • United States
    • Georgia Court of Appeals
    • November 30, 1982
    ...to reach the merits of this appeal, even though the trial court imposed no sanctions on the appellants. In the case of In re Crudup, 149 Ga.App. 214, 253 S.E.2d 802 (1979), which the state cites as authority requiring dismissal of the appeal, this court found a contempt order to be interloc......
  • Carter v. Data General Corp., s. 63366
    • United States
    • Georgia Court of Appeals
    • May 4, 1982
    ...144 (1977). Thus, the appeal in Case No. 63366 is dismissed. Harrell v. Peteet, 134 Ga.App. 210, 214 S.E.2d 5 (1975); In re Crudup, 149 Ga.App. 214, 253 S.E.2d 802 (1979). 2. The procedure for obtaining interlocutory review of an order in a case which is still pending in the trial court is ......
  • Dowdy v. Palmour
    • United States
    • Georgia Supreme Court
    • June 16, 1983
    ...of review and our granting an application for interlocutory appeal. In so arguing, the district attorney relies on In re Crudup, 149 Ga.App. 214, 253 S.E.2d 802 (1979), where the Court of Appeals dismissed as not final an appeal by an attorney who was held in contempt, but no punishment was......
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