Darden v. Ravan, 28998
| Decision Date | 17 September 1974 |
| Docket Number | No. 28998,28998 |
| Citation | 232 Ga. 756,208 S.E.2d 846 |
| Parties | George W. DARDEN et al. v. Howell C. RAVAN et al. |
| Court | Georgia Supreme Court |
A. Harris Adams, Sams & Glover, Garvis L. Sams, Irma B. Glover, George W. Darden, Dist. Atty., Vernon W. Duncan, Watson L. White, Dorothy A. Robinson, Paul Carden, P. Harris Hines, Marietta, for appellants.
Howell C. Ravan, Luther C. Hames, Jr., James L. Bullard, McDonald & Dupree, Hylton B. Dupree, Jr., Duard R. McDonald, Marietta, for appellees.
Arthur K. Bolton, Atty. Gen., Timothy J. Sweeney, Asst. Atty. Gen., Atlanta, amicus curiae.
Syllabus Opinion by the Court
On May 6, 1974, the Judges of the Superior Court of the Cobb Judicial Circuit entered an order on the minutes of that court and directed that copies of such order be furnished the clerks of other courts in Cobb County to be spread upon their minutes, and that copies be furnished to other named judges and public officers in Cobb County. Within 30 days the District Attorney of the Cobb Judicial Circuit and others filed an appeal to this court. Copies of such notice of appeal were served upon the named judges of the Superior Courts of the Cobb Judicial Circuit. The order entered on May 6, 1974 reads as follows:
'In order to make effective the reorganization of the Courts of this Circuit and to make operable the computerization of the records and procedures of such Courts, the Judges of the Superior Court, Cobb Judicial Circuit, acting under and by virtue of Georgia Annotated Code Section 24-2615(4) 1933, wherein the Superior Courts generally are granted authority to exercise a general supervision over all inferior tribunals within their judicial circuit, shall exercise the authority hereinafter stated over the State Court of Cobb County, Juvenile Court of Cobb County, the several Justices of the Peace Courts, Notary Public Ex-Officio Justices of the Peace Courts, Cobb Court of Ordinary, District Attorney, Solicitor, and all Magistrates acting under the supervision of any lower tribunal of the Cobb Judicial Circuit.
'The extent of the supervision shall be over the following to wit:
A motion to dismiss the appeal has been filed on the ground that the judgment appealed from is not an appealable judgment.
1. Such order not resulting from any proceedings between party litigants in the Superior Court of the Cobb Judicial Circuit appears not to be an appealable judgment. See Art. VI, Sec. II, Par. IV of the Constitution of 1945 (Code Ann. § 2-3704).
Yet such order, on its face, binds the named officers of the courts of Cobb County to submit their budgets and other matters to the superior court for approval.
It is well settled that when a trial court enters a judgment where it does not have jurisdiction,...
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Cornelius v. Morris Brown College
...399, 402(2), 638 S.E.2d 840 (2006) (order memorializing automatic dismissal is "apparently directly appealable"); Darden v. Ravan, 232 Ga. 756, 758(1), 208 S.E.2d 846 (1974) (appeal from a judgment void for lack of subject matter jurisdiction "will not be dismissed but instead, the void jud......
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Gibbins v. State
...OCGA § 5-7-1, the State may appeal directly an illegal judgment. Potts v. State, 236 Ga. 230, 223 S.E.2d 120 (1976); Darden v. Ravan, 232 Ga. 756(1), 208 S.E.2d 846 (1974)." State v. Bilal, 192 Ga.App. 185, 384 S.E.2d 253. Therefore, as none of the circumstances specified in OCGA § 5-7-1(a)......
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Weatherbed v. State
...from such an illegal judgment will not be dismissed but instead, the void judgment will be reversed. [Cits.]" Darden v. Ravan, 232 Ga. 756, 758(1), 208 S.E.2d 846 (1974). A void judgment may be attacked at any time, and this is not a situation in which the limitations on this rule might app......
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