Davis v. Davis
| Decision Date | 07 July 1966 |
| Docket Number | No. 23519,23519 |
| Citation | 222 Ga. 369,149 S.E.2d 802 |
| Parties | William R. DAVIS v. Mary Jo Penland DAVIS. |
| Court | Georgia Supreme Court |
Mrs. Mary Jo Penland Davis filed a petition in Glynn Superior Court seeking to hold William R. Davis in contempt for failure to pay temporary alimony. The defendant filed a motion to dismiss as follows: This motion was denied, and the appeal is from the order denying the motion.
In the enumeration of errors it is asserted that the trial judge erred in denying the motion to dismiss the petition for contempt because the appeal of the plaintiff to the Court of Appeals 'on the verdict and judgment rendered on the plea to the jurisdiction' failed when the plaintiff failed to cause the transcript to be filed within thirty days of service of the notice of her appeal, and failed to make application for an extension of time for filing the transcript as required by Ga.L.1965, pp. 21-22, § 6 (Code Ann. § 6-804), thereby rendering all subsequent proceedings in the Superior Court of Glynn County void and of no effect.
Harrison & Laseter, Robert W. Harrison, Jr., John R. Laseter, St. Marys, for appellant.
Cowart, Sapp, Alaimo & Gale, Robert Asa Sapp, Brunswick, for appellee.
Syllabus Opinion by the Court
The motion to dismiss the contempt petition is on the ground 'that plaintiff has failed to comply with the provisions of the Georgia Appellate Practice Act of 1965, as amended (Ga.Laws 1965, Vol. 1, pages 240-244).' The enumeration of errors assigns error on the trial judge's order denying the motion to dismiss on grounds which did not appear in the motion. The judges of the superior courts have no jurisdiction to dismiss an appeal pending in either of the appellate courts. This court 'may take judicial notice of its own records in the immediate case or proceedings before it.' Branch v. Branch, 194 Ga. 575, 577, 22 S.E.2d 124; Baker v. City of Atlanta, 211 Ga. 34(3), 83 S.E.2d 682. We take judicial notice that the appeal by the plaintiff in the contempt...
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Parks v. Atlanta Public School System Bd. of Educ.
...judges of the superior courts have no jurisdiction to dismiss an appeal pending in either of the appellate courts," Davis v. Davis, 222 Ga. 369, 149 S.E.2d 802 (1966), or in any way to modify or supplement a judgment once the notice of appeal has been filed. Park v. Minton, 229 Ga. 765, 194......
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