Williams v. Keebler
| Decision Date | 08 September 1966 |
| Docket Number | No. 23597,23597 |
| Citation | 150 S.E.2d 674,222 Ga. 437 |
| Parties | J. R. WILLIAMS et al. v. Thomas KEEBLER. |
| Court | Georgia Supreme Court |
Albert E. Butler, Jesup, for appellants.
Gibbs & Leaphart, J. Alvin Leaphart, Jr., Jesup, for appellee.
Syllabus Opinion by the Court
The Court of Appeals has certified the question of whether it has jurisdiction to consider a case in which the notice of appeal, filed on December 2, 1965, was in the following form: Held:
The Court of Appeals does not have jurisdiction. The Appellate Practice Act of 1965, Ga.L.1965, p. 18, provides that appeals may be taken from judgments, rulings or orders (Code Ann. §§ 6-701 and 6-802) and a notice of appeal 'shall be filed within 30 days after entry of the appealable decision or judgment complained of * * *, but when a motion for new trial, or a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict has been filed, the notice shall be filed within 30 days after the entry of (added by Ga.L.1966, pp. 493, 496) the order granting, overruling, or otherwise finally disposing of the motion.' Ga.L.1965, pp. 18, 21; as amended Ga.L.1966, pp. 493, 496 (Code Ann. § 6-803). Applying these rules to the facts contained in the question sub judice it is evident that the appeal is deficient in the following particulars: (1) a verdict is not an 'appealable decision or judgment' within the purview of the Appellate Practice Act, Interstate Fire Ins. Co. v. Chattam, No. 23577, 222 Ga. 436, 150 S.E.2d 618; (2) the instant appeal is not timely since a motion to set aside is not included among those motions enumerated in Code Ann. § 6-803 which automatically extend the filing date for a notice of appeal. Furthermore, it should be pointed out that since the appeal was taken 'from the verdict entered in said action on February 19, 1965' the mere mention in the notice of appeal of the judgment overruling the motion to set aside the verdict and judgment does not constitute an appeal from a final judgment so as to satisfy the requirements of the Appellate Practice Act. The omission in the notice of...
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Seaton v. Aetna Cas. & Sur. Co.
...nothing to review, and the Court of Appeals has no jurisdiction...." The Supreme Court followed the above decision with Williams v. Keebler, 222 Ga. 437, 150 S.E.2d 674, in which an appeal was taken "from the verdict entered in said action on February 19, 1965. Motion to set aside the verdi......
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G. M. J. v. State
...entered by filing with the clerk. Code Ann. § 6-701; Interstate Fire Ins. Co. v. Chattam, 222 Ga. 436, 150 S.E.2d 618; Williams v. Keebler, 222 Ga. 437, 150 S.E.2d 674; Davis v. Davis, 224 Ga. 740, 164 S.E.2d 816; Hurst v. Starr, 226 Ga. 42, 172 S.E.2d 604; Smith v. Sorrough, 226 Ga. 744, 1......
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McQueen v. Wilson, 43182
...aside a judgment, as the majority seem to consider the motion here, does not toll the time for filing an appeal. See Williams v. Keebler, 222 Ga. 437, 438, 150 S.E.2d 674. When Headnote 1 and the respective division of the opinion are considered together, there seems to be some confusion in......
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Bernath Barrel & Drum Co., Inc. v. Ostrum Boiler Service, Inc.
...of the judgment of March 24, 1970, is not timely. Compare Wilson v. McQueen, 224 Ga. 420, 162 S.E.2d 313; Williams v. Keebler, 222 Ga. 437, 150 S.E.2d 674; George v. Lee, 118 Ga.App. 302(1), 163 S.E.2d In the case of Young v. Young, 227 Ga. 570, 181 S.E.2d 867 there was an appeal from an aw......