Herrington v. Herrington, 27656
| Decision Date | 23 January 1973 |
| Docket Number | No. 27656,27656 |
| Citation | 195 S.E.2d 654,230 Ga. 94 |
| Parties | Mrs. Harry A. HERRINGTON v. Franklin HERRINGTON et al. |
| Court | Georgia Supreme Court |
Harold W. Hollingsworth, Sylvania, for appellant.
Lewis & Lewis, Preston B. Lewis, Jr., Harry H. Hunter, Sylvania, for appellees.
Syllabus Opinion by the Court
The trial judge directed a verdict for the defendants and the jury so found on July 19, 1972. The plaintiff filed her notice of appeal 'from the directed verdict' on August 15, 1972. The trial judge entered judgment on the directed verdict on November 10, 1972. The judgment, and not the verdict, is the appealable decision. The time for filing a notice of appeal is, subject to exceptions not applicable here, 'within 30 days after entry of the appealable decision or judgment.' Code Ann. § 6-803(a). 'The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.' Jordan v. Caldwell, 229 Ga. 343, 191 S.E.2d 530; Pittman v. State, 229 Ga. 656, 193 S.E.2d 820.
Appeal dismissed.
All the Justices concur.
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Gillen v. Bostick
...a premature filing of a notice of appeal would be ineffective to vest jurisdiction of the appeal in this court. In Herrington v. Herrington, 230 Ga. 94, 195 S.E.2d 654, the reason for this rule was given as follows: 'The time for filing a notice of appeal is, subject to exceptions not appli......
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...vest jurisdiction in this Court. We held that 'After careful consideration, however, this Court now concludes that Herrington v. Herrington, supra (230 Ga. 94, 195 S.E.2d 654), and other cases with similar holdings, including Benton v. Smith, Warden, 226 Ga. 722, 177 S.E.2d 230; Gibson v. H......
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...the taking of an appeal under Code Ann. § 6-701. 'The judgment, and not the verdict, is the appealable decision.' Herrington v. Herrington, 230 Ga. 94, 195 S.E.2d 654. Hurst v. Starr, 226 Ga. 42, 172 S.E.2d 604; Lane v. Morrison, 226 Ga. 526, 175 S.E.2d 830; Smith v. Sorrough, 226 Ga. 744, ......