Robenolt v. Chrysler Financial Services Corp., s. A91A1263

CourtUnited States Court of Appeals (Georgia)
Writing for the CourtSOGNIER; McMURRAY, P.J., and ANDREWS
Citation410 S.E.2d 365,201 Ga.App. 168
Docket NumberNos. A91A1263,A91A1264,s. A91A1263
Decision Date10 September 1991

Page 365

410 S.E.2d 365
201 Ga.App. 168

Nos. A91A1263, A91A1264.
Court of Appeals of Georgia.
Sept. 10, 1991.

Page 366

[201 Ga.App. 171] J. Laddie Boatright, for appellant.

Mark C. Walker, Edward B. Claxton III, for appellee.

[201 Ga.App. 168] SOGNIER, Chief Judge.

Chrysler Financial Services Corporation filed an action against Nancy Robenolt, seeking to foreclose its security interest in Robenolt's mobile home. The trial court granted a writ of possession to Chrysler, and in Case No. A91A1263 Robenolt appeals from the denial of her motion to vacate and set aside the judgment granting the writ, or in the alternative, for a new trial. In Case No. A91A1264, Robenolt appeals from the trial court's subsequent order requiring her to make payments on the underlying debt pending appeal. The [201 Ga.App. 169] two appeals are consolidated for review.

1. OCGA § 5-6-35(a)(8) provides that appeals from "orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment" are discretionary, requiring application for leave to appeal. In State Farm Mut. Auto. Ins. Co. v. Yancey, 258 Ga. 802, 375 S.E.2d 39 (1989), the Supreme Court held that this legislative requirement is mandatory and may not be circumvented by filing a direct appeal from the denial of a motion for new trial which includes enumerations pertaining also to the denial of a motion to set aside. The holding in Southeast Ceramics v. Klem, 246 Ga. 294, 271 S.E.2d 199 (1980) does not apply in those circumstances, Yancey, supra at n. 1, and any enumerations

Page 367

in such a direct appeal contending error in the denial of the motion to set aside the judgment must be dismissed for failure to follow proper appellate procedure. Accordingly, the portion of Case No. A91A1263 pertaining to the denial of appellant's motion to vacate and set aside the trial court's judgment is dismissed.

2. In her second enumeration of error, appellant contends the trial court erred by denying her motion for new trial because the writ of possession was granted without holding a trial as required by OCGA § 44-14-233(c). The record reveals that a rule nisi was scheduled on the petition for writ of possession, and the parties agree that the original hearing was continued by consent. In her brief on appeal, appellant contends the rescheduled evidentiary hearing did not take place, while appellee, in its brief, states that the...

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10 cases
  • Rice v. Cannon, A06A2449.
    • United States
    • United States Court of Appeals (Georgia)
    • January 17, 2007
    ...USCR 3.2. Lumpkin v. Johnson, [283 Ga. App. 442] 270 Ga. 392, 395, 509 S.E.2d 621 (1998); Robenolt v. Chrysler Financial Svcs. Corp., 201 Ga.App. 168, 169-170, 410 S.E.2d 365 There is no merit to the Rices' contention that, upon accepting assignment and transfer of the action, Judge Grubbs ......
  • State v. Holmes, No. COA06-51 (N.C. App. 11/21/2006), COA06-51
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • November 21, 2006
    ...grabbed the money. Id. "Such evidence was sufficient to support the defendant's conviction for larceny from the person." Id. at 318, 410 S.E.2d at 365. Here, defendant took money from the cash register while Robertson, at her cash register, bent down to help a customer who was later identif......
  • Edwards v. State, A95A1469
    • United States
    • United States Court of Appeals (Georgia)
    • November 30, 1995
    ...of judicial economy for a single judge to preside over all hearings in a single case." Robenolt v. Chrysler Financial Svcs. Corp., 201 Ga.App. 168, 170(3), 410 S.E.2d 365 Edwards also argues the district attorney, as an interested party, wanted the case heard by Judge Roach. Edwards claims ......
  • Waters v. Bank, A10A1835.
    • United States
    • United States Court of Appeals (Georgia)
    • March 29, 2011
    ...affect the substantial rights of the parties). 6. See Landau, supra at 908–909(4), 605 S.E.2d 461; Robenolt v. Chrysler Financial Svcs., 201 Ga.App. 168, 170(4)(a), 410 S.E.2d 365 (1991). 7. See Lowe v. Watson, 228 Ga. 393(1), 185 S.E.2d 774 (1971); Cates v. Cates, 225 Ga. 612, 613(2), 170 ......
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