Cunningham v. Cansler
| Decision Date | 06 April 1971 |
| Docket Number | No. 2,No. 46065,46065,2 |
| Citation | 181 S.E.2d 922,123 Ga.App. 614 |
| Parties | Robert P. CUNNINGHAM et al. v. Janet L. CANSLER et al |
| Court | Georgia Court of Appeals |
Woodruff, Savell, Lane & Williams, Edward L. Savell, William S. Goodman, Atlanta, for appellants.
Vernon W. Duncan, Frank D. Schaffer, Marietta, for appellees.
Syllabus Opinion by the Court
This appeal is from an order sustaining the motion of the third party defendants to dismiss the third party complaint against them. In this respect we note that the trial judge relied on United States v. Jollimore, D.C., 2 F.R.D. 148, to support his action, but Rule 14(a) of the Federal Rules of Civil Procedure in effect at that time included provisions which had been eliminated before the rule was adopted in this State. See the discussion in Koppers Company v. Parks, 120 Ga.App. 551, 171 S.E.2d 639.
Inasmuch as the order here invoked does not qualify as a final judgment it is appealable only if supported by a 10 day certificate conforming to the requirements of the 1968 amendment to the Appellate Practice Act, Ga.L.1968, pp. 1072, 1073; Code Ann. § 6-701(a) 2. D. Davis & Company v. Plunkett, 119 Ga.App. 453, 167 S.E.2d 663.
The certificate is dated November 17, 1970, 'Nunc Pro Tunc Monday, November 16, 1970' and purports to certify an order of November 6, 1970. There is nothing in the record to support the assertion of counsel to the effect that the trial judge was 'amending' the record by reducing to writing a certificate which had previously existed only as an oral statement so as to reflect accurately what had actually occurred. See Israel v. Joe Redwine Insurance Agency, 120 Ga.App. 14, 169 S.E.2d 347; and Baxter v. Long, 122 Ga.App. 500(4), 177 S.E.2d 712.
The time for a certificate having expired, the nunc pro tunc certificate as here disclosed by the record was without efficacy to support the appeal.
Appeal dismissed.
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Whitlock v. State, s. 46652-46662
...500(4), 177 S.E.2d 712. A nunc pro tunc certificate of immediate review is without efficacy to support an appeal. Cunningham v. Cansler, 123 Ga.App. 614, 615, 181 S.E.2d 922. 2. Cases Nos. 46656, 46658, 46660 and 46662. The orders in these cases all are denials of motions for discovery and ......
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Cunningham v. Cansler, 47263
...appealed from was not a final judgment and a proper certificate certifying the same for appeal had not been obtained. Cunningham v. Cansler, 123 Ga.App. 614, 181 S.E.2d 922. Subsequent to the appeal, Janet Louise Cansler and William Cansler filed a plea to the jurisdiction which was sustain......
- Alexander v. State, s. 46061