Ruth v. Kennedy, 43588
| Decision Date | 12 April 1968 |
| Docket Number | No. 3,No. 43588,43588,3 |
| Citation | 117 Ga.App. 632,161 S.E.2d 410 |
| Parties | Betty RUTH, by Next Friend v. John KENNEDY |
| Court | Georgia Court of Appeals |
Kenneth H. Cail, Gilbert E. Johnson, Savannah, for appellant.
Brannen, Clark & Hester, Fred S. Clark, Savannah, for appellee.
Syllabus Opinion by the Court
The notice of appeal recites that the plaintiff 'hereby appeals to the Court of Appeals from the order entered on her motion to purge the jury' and that thereafter the case proceeded to verdict and final judgment for the defendant. The order designated by the plaintiff as the judgment, ruling, or order entitling her to an appeal, i.e., the ruling on her motion to purge the jury, is interlocutory and outside the definition of those judgments or orders listed in Code Ann. § 6-701 which entitle a party to an appeal, and which the party must so designate in the notice of appeal under the provisions of Code Ann. § 6-802. The fact that an appealable judgment is shown to exist, or that the antecedent ruling on the motion to purge the jury would be reviewable when enumerated as error on the proper designation of an appealable judgment, does not cure the fatal defect in the notice of appeal arising from the failure to appeal from such a judgment. Accordingly, this court is without jurisdiction to entertain the appeal. Birdwell v. Pippen, 113 Ga.App. 202, 147 S.E.2d 673; Parish v. Georgia Railroad Bank & Trust Company, 115 Ga.App. 540, 154 S.E.2d 750; Richard's Buick, Incorporated v. Sease, 116 Ga.App. 232, 156 S.E.2d 365; Cody v. State, 116 Ga.App. 331, 157 S.E.2d 496; Gibson v. Hodges, 221 Ga. 779, 147 S.E.2d 329; Interstate Fire Insurance Company v. Chattam, 222 Ga. 436, 150 S.E.2d 618; Norbo Trading Corporation v. Wohlmuth, 223 Ga. 258, 154 S.E.2d 224.
Appeal dismissed.
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Seaton v. Aetna Cas. & Sur. Co.
...Practice Act.' Id. at 741, 164 S.E.2d 816. Rulings of this Court are consistent with those of the Supreme Court. In Ruth v. Kennedy, 117 Ga.App. 632, 161 S.E.2d 410, we held that where the "notice of appeal recites that the plaintiff 'hereby appeals to the Court of Appeals from the order en......
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Whiddon v. Stargell
...from such a judgment. Accordingly, this court is without jurisdiction to entertain the appeal." (Emphasis supplied.) Ruth v. Kennedy, 117 Ga.App. 632, 161 S.E.2d 410; see also Fredericks v. State, 168 Ga.App. 278, 308 S.E.2d 693. The case before us readily is distinguishable from those inst......
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Blackwell v. Cantrell, 67010
...merely to failing "to specify definitely the judgment." See Ballew v. State, supra at 548, 170 S.E.2d 242. Accord Ruth v. Kennedy, 117 Ga.App. 632, 161 S.E.2d 410 (1968); Rush v. State, 124 Ga.App. 547, 184 S.E.2d 515 The plaintiff contends that the defect in the original notice of appeal w......
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Richardson v. General Motors Corp., A96A0039
...such a judgment. Accordingly, this court is [simply] without jurisdiction to entertain the appeal.' (Emphasis supplied.) Ruth v. Kennedy, 117 Ga.App. 632, 161 S.E.2d 410; see also Fredericks v. State, 168 Ga.App. 278, 308 S.E.2d 693." Whiddon v. Stargell, 192 Ga.App. 826, 828, 386 S.E.2d 88......