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Ball v. Cox Cable Middle Georgia, Inc.

Court of Appeals of Georgia
Dec 2, 1993
211 Ga. App. 447 (Ga. Ct. App. 1993)

Opinion

A93A1195.

DECIDED DECEMBER 2, 1993. RECONSIDERATION DENIED DECEMBER 17, 1993.

Action for damages. Fulton Superior Court. Before Judge Christian, pro hac vice.

Reynolds McArthur, Charles M. Cork III, for appellant.

McLain Merritt, M. David Merritt, for appellee.


Appellant brought an action in the Superior Court of Fulton County against appellee for personal injuries she received in an automobile accident. The case was tried before Judge Janice Christian, a Fulton County Magistrate designated pursuant to OCGA § 15-1-9.1 to assist the judges of the Superior Court of Fulton County. The jury returned a verdict for appellee, and appellant appeals from the judgment entered in favor of appellee, contending Judge Christian lacked authority to conduct the trial and enter the judgment.

Appellant raises several challenges to the procedures employed to designate Magistrate Court Judge Christian to assist as a superior court judge. However, the record reflects that appellant made no objection prior to the commencement of trial; nor did appellant move to set aside the judgment. Since appellant failed to object below at the earliest practicable moment, we conclude that the grounds for objection have not been preserved for appellate review. Troncone v. Troncone, 261 Ga. 662 (3) ( 409 S.E.2d 516) (1991).

Judgment affirmed. Beasley, P. J., and Smith, J., concur.

DECIDED DECEMBER 2, 1993 — RECONSIDERATION DENIED DECEMBER 17, 1993.


Summaries of

Ball v. Cox Cable Middle Georgia, Inc.

Court of Appeals of Georgia
Dec 2, 1993
211 Ga. App. 447 (Ga. Ct. App. 1993)
Case details for

Ball v. Cox Cable Middle Georgia, Inc.

Case Details

Full title:BALL v. COX CABLE MIDDLE GEORGIA, INC

Court:Court of Appeals of Georgia

Date published: Dec 2, 1993

Citations

211 Ga. App. 447 (Ga. Ct. App. 1993)
439 S.E.2d 704

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