Jones v. Monroe Nursing Home, Inc.
| Decision Date | 09 April 1979 |
| Docket Number | No. 57225,57225 |
| Citation | 254 S.E.2d 902,149 Ga.App. 582 |
| Parties | JONES v. MONROE NURSING HOME, INC. et al. |
| Court | Georgia Court of Appeals |
Paul M. Hoffman, Tucker, James R. Venable, Decatur, for appellant.
Sorrells, Hearn & Childers, George J. Hearn, III, Preston & Allgood, William L Preston, Henry P. Austin, Monroe, Glenn Frick, Atlanta, for appellees.
This is a personal injury case resulting from an elevator incident in a nursing home. Plaintiff sued the nursing home (a corporation), two individuals allegedly doing business as the nursing facility, and the manufacturer of the elevator. Plaintiff also sued two other individuals whom she contends allegedly acting as her parents signed a release and indemnity agreement for her without authority as her agents or guardians.
We are concerned here with the appeal by the plaintiff of an order filed September 7, 1978, granting summary judgment in favor of Monroe Nursing Home, Inc., d/b/a Monroe Intermediate Care Facility. An application for immediate appeal was made to this court but same was denied on October 4, 1978.
On October 9, 1978, the trial court entered an order, filed on that date, that the judgment of the court rendered on September 7, 1978, "should be made a final judgment, (and) it is hereby amended, nunc pro tunc, so that incorporated expressly therein is a finding that there is no just reason for delaying entry of final judgment." Whereupon, plaintiff immediately filed her notice of appeal on the same date (October 9, 1978) from the judgment granting summary judgment against her on September 7, 1978. Held :
1. The summary judgment order was filed on September 7, 1978. September has 30 days; therefore, the 30-day time requirement delineated by Code Ann. § 6-803 () expired on October 7, 1978, a Saturday. Because the time period expired on Saturday it was extended until the following Monday, October 9, 1978, the date upon which notice of appeal was filed in this case. The filing of the notice of appeal was timely. See Red Hill Lumber Co. v. Miller, 112 Ga.App. 882(1), 146 S.E.2d 918.
No issue was raised in the trial court as to whether the notice of appeal should be dismissed for unreasonable and inexcusable delay in transmitting the record due to failure to pay costs; therefore, this issue may not be raised for the first time on appeal. Code Ann. § 6-809(b) (Ga.L.1968, p. 1072; 1978, p. 1986).
The motion to dismiss the appeal is denied.
If the nunc pro tunc order on October 9 gave the judgment finality as of that date, then the appeal was timely, since under Culwell v. Lomas & Nettleton Co., 242 Ga. 242, 248 S.E.2d 641, the summary judgment order was not appealable directly until this order (nunc pro tunc order of October 9, 1978) made it final.
2. The injury for which plaintiff brings this suit for damages was sustained when plaintiff, at that time eight years old, was taken to the nursing home where her mother was an employee and on duty. The injury occurred when plaintiff in operating an elevator with a folding metal lattice gate stood with her foot protruding through the metal lattice so that it was crushed between the elevator and a beam supporting the upper floor of the nursing home. The purpose of the plaintiff's operation of the elevator was to complete an errand for a patient at the nursing home.
Despite conflicting evidence on the issue of the nursing home's policy...
To continue reading
Request your trial
-
Raney v. Roger Downs Ins. Agency
...been of economic benefit to the nursing home in that it released nursing home personnel for other tasks." Jones v. Monroe Nursing Home, Inc., 149 Ga.App. 582, 254 S.E.2d 902 (1979). The cases in Alabama have also applied the "economic interest" test in determining whether or not a plaintiff......
-
Tanner v. Ayer, 57941
...of care has been met is usually a question of fact for the jury except in plain and indisputable cases." Jones v. Monroe Nursing Home, 149 Ga.App. 582, 584, 254 S.E.2d 902, 904 (1979). Neither the presence or absence of negligence should be summarily adjudicated and should be resolved by th......
-
Barmore v. Himebaugh, A92A1032
...the trial court, that issue is improperly presented. Scocca v. Wilt, 241 Ga. 334, 245 S.E.2d 295 (1978); Jones v. Monroe Nursing Home, 149 Ga.App. 582, 583(1), 254 S.E.2d 902 (1979). Judgment BIRDSONG, P.J., and ANDREWS, J., concur. ...
-
Cowart v. Five Star Mobile Homes, Inc., 62852
... ... sustained by Cowart arising from her fall from the steps of a mobile home on defendant's sales lot. Cowart was looking at several of the mobile ... of fact for the jury except in plain and indisputable cases." Jones v. Monroe Nursing Home, 149 Ga.App. 582, 584, 254 S.E.2d 902; Tanner v ... ...