Walker v. Walker, 23655

Decision Date22 September 1966
Docket NumberNo. 23655,23655
Citation222 Ga. 521,150 S.E.2d 635
PartiesJimmie WALKER v. Annie Elizabeth Roberts WALKER.
CourtGeorgia Supreme Court

Stanley H. Nylen, Atlanta, for appellant.

Mildred L. Kingloff, Atlanta, for appellee.

Syllabus Opinion by the Court

QUILLIAN, Justice.

The Appellate Practice Act of 1965, §§ 4 and 5 (Code Ann. §§ 6-802, 6-803, Ga.L.1965, pp. 18, 20, 21, as amended Ga.L.1966, pp. 493, 495, 496), requires that an appeal to be held valid must be taken from an appealable decision or judgment of the trial court. Where, as in this case, the record discloses there is no judgment of the trial court of the date and description of that appealed from, the requirement of the statute is not met. Gibson v. Hodges, 221 Ga. 779, 147 S.E.2d 329. The omission is fatal; the appeal must be

Dismissed.

All the Justices concur.

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9 cases
  • Insurance Co. of North America v. Jewel, 43609
    • United States
    • Georgia Court of Appeals
    • 10 de outubro de 1968
    ...116 Ga.App. 197, 156 S.E.2d 655; Hardnett v. United States Fidelity & Guaranty Co., 116 Ga.App. 732, 158 S.E.2d 303; Walker v. Walker, 222 Ga. 521, 150 S.E.2d 635; Bowers v. Gill, 222 Ga. 529, 150 S.E.2d 653 do not require a different ruling. Accordingly, the motion to dismiss the appeal is......
  • Herring v. R. L. Mathis Certified Dairy Co., s. 43530
    • United States
    • Georgia Court of Appeals
    • 14 de junho de 1968
    ...record did not contain a judgment or order from which the appeal was brought. In support of this argument movants cite Walker v. Walker, 222 Ga. 521, 150 S.E.2d 635; Bowers v. Gill, 222 Ga. 529, 150 S.E.2d 653; Hardnett v. United States Fidelity & Guaranty Co., 116 Ga.App. 732, 158 S.E.2d O......
  • Harrison v. State, 44613
    • United States
    • Georgia Court of Appeals
    • 2 de dezembro de 1969
    ...and sentence was in fact entered November 8, 1968, which would have required dismissal under the rulings made in Walker v. Walker, 222 Ga. 521, 150 S.E.2d 635, and Bowers v. Gill, 222 Ga. 529, 150 S.E.2d 653, the amendment of 1968 to the Appellate Practice Act (Ga.L.1968, p. 1072 et seq.), ......
  • Maddox v. City of Newnan, 44171.
    • United States
    • Georgia Court of Appeals
    • 16 de janeiro de 1969
    ...notice of appeal and jurisdiction was accepted by this court.) A similar situation to that in the present case existed in Walker v. Walker, 222 Ga. 521 (150 SE2d 635). In that case, the notice of appeal was from the order of a named judge "sustaining an oral motion to dismiss appellant's ap......
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