Jenkins v. Raiford

CourtUnited States Court of Appeals (Georgia)
Citation117 Ga.App. 658,161 S.E.2d 405
Docket NumberNo. 43326,No. 3,43326,3
PartiesWayne E. JENKINS, by Next Friend v. Morgan RAIFORD
Decision Date19 April 1968

Russo & Russo, Lucio L. Russo, Atlanta, for appellant.

Alston, Miller & Gaines, Martin H. Peabody, Ronald L. Reid, Atlanta, for appellee.

Syllabus Opinion by the Court


A motion to dismiss the appeal was made by appellee upon the grounds that appellant had not complied with Rule 13(c) which provides: 'At the conclusion of the Enumeration of Errors and immediately preceding the signature of counsel for appellant or cross appellant, there must be a statement of the reasons why the Court of Appeals and not the Supreme Court has jurisdiction of the appeal, with citation of the part or parts of the record or transcript, and if possible the particular paragraphs thereof, showing jurisdiction', nor had appellant complied with Rule 17(c)(3) A which provides: 'Each enumerated error shall be supported in the brief by specific reference to the record or transcript or both.' See 111 Ga.App. 883 et seq. for rules of court. Held:

1. The failure to state the jurisdictional requirements of Rule 13(c) is not ground for dismissal of an appeal (Kitchens v. Hall, 116 Ga.App. 41(1), 156 S.E.2d 920; Byrd v. Moore Ford Co., 116 Ga.App. 292(1(a)), 157 S.E.2d 41), nor is the failure to comply with Rule 17(c)(3) A. The motion to dismiss the appeal is denied.

2. However, the failure to comply with Rule 17(c)(3) A will constitute an abandonment of the enumeration of error for which no reference is made either to the record or to the transcript, where required. See Strickland v. English, 115 Ga.App. 384(2), 154 S.E.2d 710; Millhollan v. Watkins Motor Lines, Inc., 116 Ga.App. 452(6), 157 S.E.2d 901; Hayes v. Century 21 Shows, Inc., 116 Ga.App. 490(2), 157 S.E.2d 779; Carroll v. Morrison, 116 Ga.App. 575, 576(4), 158 S.E.2d 480. The appellant, in his brief, and enumerations of error, filed in this court made no proper references to the record on appeal as to any of his enumerations of error. Accordingly, they will be considered as abandoned, and the judgment must be affirmed.

Judgment affirmed.

JORDAN, P.J., and DEEN, J., concur.

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6 cases
  • Georgia Stainless Steel Corp. v. Bacon, 44608
    • United States
    • United States Court of Appeals (Georgia)
    • 2 Septiembre 1969
    ...161 S.E.2d 424; Askew v. State, 117 Ga.App. 647, 161 S.E.2d 445; Hall v. State, 117 Ga.App. 649, 161 S.E.2d 374; Jenkins v. Raiford, 117 Ga.App. 658(2), 161 S.E.2d 405; Norsworthy v. Knight, 117 Ga.App. 808, 810(3), 162 S.E.2d 225; Coley v. Smith, 117 Ga.App. 822, 162 S.E.2d 216. As we obse......
  • Cohen v. Garland, 43856
    • United States
    • United States Court of Appeals (Georgia)
    • 27 Enero 1969
    ...v. Ford Motor Credit Co., 117 Ga.App. 557, 161 S.E.2d 424; Hall v. State, 117 Ga.App. 649(1), 161 S.E.2d 374; Jenkins v. Raiford, 117 Ga.App. 658(2), 161 S.E.2d 405. The record in the present case consists of 245 pages of pleadings and various other matters, including motions, objections an......
  • McDaniel v. Pass, 48697
    • United States
    • United States Court of Appeals (Georgia)
    • 10 Enero 1974
    ...decision were easily found in the record. Satcher v. James H. Drew Shows, Inc., 122 Ga.App. 548(1), 177 S.E.2d 846; Jenkins v. Raiford, 117 Ga.App. 658, 161 S.E.2d 405; and Wooten v. State, 118 Ga.App. 366(1b), 163 S.E.2d 870. Also see American Liberty Ins. Co. v. Sanders, 120 Ga.App. 1(1),......
  • Motors Ins. Corp. v. Morgan, 43250
    • United States
    • United States Court of Appeals (Georgia)
    • 19 Abril 1968
    ...117 Ga.App. 654 MOTORS INSURANCE CORPORATION v. C. I. MORGAN. No. 43250. Court of Appeals of Georgia, Division No. 1. April 19, 1968. [117 Ga.App. 658] Page 383 Perry, Walters, Langstaff & Lippitt, Walter W. Hays, Albany, for appellant. Smith, Gardner, Wiggins & Geer, Peter Zack Geer, Alban......
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