Jordan v. Caldwell
| Decision Date | 05 October 1973 |
| Docket Number | No. 28212,28212 |
| Citation | 200 S.E.2d 868,231 Ga. 226 |
| Parties | Ora L. JORDAN v. Sam CALDWELL et al. |
| Court | Georgia Supreme Court |
Davis A. Webster, Atlanta, for appellant.
Arthur K. Bolton, Atty. Gen., Alfred L. Evans, Jr., Asst. Atty. Gen., Wayne P. Yancey, Deputy Asst. Atty. Gen., Atlanta, for appellees.
Syllabus Opinion by the Court
On March 11, 1972, the Superior Court of DeKalb County entered a final order in which they upheld an administrative decision of the Employment Security Agency's Board of Review. Attorney for the appellant received a copy of the order and allegedly called the clerk's office to determine if the order had been filed. The attorney was informed by the clerk's office that it had in fact not been filed. Appellant's attorney also alleges that he instructed his secretary to call two other times to determine if the order had been filed, and that both times she was informed that it had not. On April 6, 1972, appellant's attorney again called personally and he was told that the order had been entered on March 1, 1972. Thirteen days later appellant's attorney filed his notice of appeal, some 49 days after the entering and filing of the trial judge's final order. Under those facts we held in Jordan v. Caldwell, 229 Ga. 343, 191 S.E.2d 530 that the party desiring to take an appeal to this court has the burden of finding out when the judgment is filed in the trial court and dismissed the appeal. Appellant, based on the facts recited here, subsequently moved in equity that the trial court vacate its original judgment and enter a new one, in order to give the appellant an opportunity to enter a fresh appeal. On June 12, 1973, the trial court denied this motion. It is from this judgment that appellant appeals. Held:
1. We affirm. The appellant complains that the trial court erred in denying her motion to vacate judgment and claims that she did show sufficient circumstances to justify a grant of equitable relief. With this contention we do not agree. Appellant asks for relief in this case under Ga.L. 1966, pp. 609, 662 (Code Ann. § 81A-160(e)) which provides that: Appellant in this case makes no claim that the original judgment complained of was obtained by fraud, accident or mistake or acts of the adverse party unmixed with her own negligence. It appears clear to us that...
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... ... party desiring to appeal to file his notice of appeal within the 30-day period or within a duly authorized extension of the 30-day period." Jordan v. Caldwell, 229 Ga. 343, 344, 191 S.E.2d 530, 531 (1972); Rogers v. Rogers, 238 Ga. 576, 234 S.E.2d 495 (1977). Filing of the notice of appeal ... ...
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Cambron v. Canal Ins. Co.
...Distributors v. Willard, 242 Ga. 247, 248 S.E.2d 645 (1978); Rogers v. Rogers, 238 Ga. 576, 234 S.E.2d 495 (1977); Jordan v. Caldwell, 231 Ga. 226, 200 S.E.2d 868 (1973); Jordan v. Caldwell, 229 Ga. 343, 191 S.E.2d 530 (1972); Donaldson v. Roberts, 109 Ga. 832, 35 S.E. 277 (1899); Cargile v......
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Wilson v. City of Waycross, 48759
...Court as to the time of filing of the special master's awards. Cf. Jordan v. Caldwell, 229 Ga. 343, 191 S.E.2d 530; Jordan v. Caldwell, 231 Ga. 226, 200 S.E.2d 868; Bragg v. Bragg, 225 Ga. 494, 170 S.E.2d Moreover, this was a special master proceeding for condemnation of land, and under Ga.......
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Cargile v. Cofer, 58465
...on the part of the clerk in failing to notify a litigant or his counsel of the filing of the judgment or order. Jordan v. Caldwell,231 Ga. 226, 200 S.E.2d 868 (1973). 3. It follows that the appeal in this case was filed too late and the superior court judge properly denied the motion to vac......