Westwind Corp. v. Washington Federal Sav. & Loan Ass'n, s. A90A0596

Decision Date03 April 1990
Docket NumberNos. A90A0596,A90A0597,s. A90A0596
CourtGeorgia Court of Appeals
PartiesWESTWIND CORPORATION v. WASHINGTON FEDERAL SAVINGS & LOAN ASSOCIATION (Two Cases).

Harrison Cronic, pro se.

Campbell, Martin & Manley, David B. Manley III, Atlanta, for appellee.

SOGNIER, Judge.

Westwind Corporation filed two appeals in the Superior Court of Hall County from writs of possession granted by a magistrate court to Washington Federal Savings & Loan Association. Both appeals were dismissed under OCGA § 9-11-41(b) for failure to prosecute. This opinion consolidates Westwind Corporation's appeals from those dismissals.

1. Appellant enumerates five errors regarding the writs of possession issued by the magistrate court. The record affirmatively establishes that the superior court did not rule on any matters involving the merits of appellant's appeals from the magistrate court's orders. There is thus no ruling on these matters which we can properly consider, "for 'this court will review and correct only such error as was made in the trial court.... (Cit.)' [Cit.]" Chrysler Corp. v. Marinari, 182 Ga.App. 399, 403(3), 355 S.E.2d 719 (1987).

2. The orders dismissing appellant's appeals recite that the actions were dismissed because neither appellant nor counsel for appellant responded to the jury calendar calls of those actions. These orders met the requirements of OCGA § 9-11-52(a) and (b). Scott v. W.S. Badcock Corp., 161 Ga.App. 826(1), 289 S.E.2d 769 (1982). Accordingly, appellant's fourth enumeration presents no ground for reversal of the superior court's orders.

Judgments affirmed.

CARLEY, C.J., and McMURRAY, P.J., concur.

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18 cases
  • Krause v. Vance
    • United States
    • Georgia Court of Appeals
    • February 22, 1993
    ...is nothing for this court to review. Norwood v. State, 199 Ga.App. 536, 405 S.E.2d 526 (1991); Westwind Corp. v. Washington Fed., etc., Assn., 195 Ga.App. 411(1), 393 S.E.2d 479 (1990). 12. Krause's assertion that the court erred in charging the jury on voluntary manslaughter presents nothi......
  • Strong v. Wachovia Bank of Georgia, N.A.
    • United States
    • Georgia Court of Appeals
    • December 12, 1994
    ...no ruling as to the permissibility of filing the particular counterclaim here being asserted. Cf. Westwind Corp. v. Washington Fed. Savings, etc., Assn., 195 Ga.App. 411(1), 393 S.E.2d 479. Additionally, the motion filed by appellant would tend to mislead the trial court as to the viability......
  • Myers v. Texaco Refining & Marketing, Inc.
    • United States
    • Georgia Court of Appeals
    • July 16, 1992
    ...of contract portion of the crossclaim and so none should be addressed. OCGA § 5-6- 34(d); Westwind Corp. v. Washington Fed. Savings, etc., Assn., 195 Ga.App. 411(1), 393 S.E.2d 479 (1990). 1. The contract expressly provides and the parties agree that Texas law should be applied in assessing......
  • McGee v. State
    • United States
    • Georgia Court of Appeals
    • September 8, 1992
    ...is no issue here for our review." Easterwood v. State, 259 Ga. 164, 165(2), 377 S.E.2d 857; compare Westwind Corp. v. Washington Fed. Sav. etc. Assn., 195 Ga.App. 411(1), 393 S.E.2d 479. 6. Appellant asserts the trial court erred in instructing the jury that when an indictment charges that ......
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