From Casetext: Smarter Legal Research

Botts v. Givens

Court of Appeals of Georgia
Oct 1, 1996
476 S.E.2d 816 (Ga. Ct. App. 1996)

Opinion

A97A0279.

DECIDED OCTOBER 1, 1996 — RECONSIDERATION DENIED OCTOBER 10, 1996.

Prisoner; appeal of civil action. Fulton Superior Court. Before Judge Bonner.

Lonnie G. Botts, pro se.

Michael J. Bowers, Attorney General, Mark A. Basurto, Assistant Attorney General, for appellees.


Plaintiff Botts commenced this civil action against several individuals concerning the medical treatment he received as an inmate at the Hancock Correctional Institute. On June 12, 1996, the trial court granted summary judgment for some of the defendants and dismissed the action against the remaining defendants. Plaintiff then filed this direct appeal on July 8, 1996. Held:

Under OCGA § 42-12-8, appeals in all civil actions filed by prisoners now require the discretionary procedures set forth in OCGA § 5-6-35. Plaintiff's failure to comply with those requisite discretionary procedures deprives this Court of the jurisdiction to consider the case. This appeal must be dismissed.

Appeal dismissed. Beasley, C.J., and Smith, J., concur.


DECIDED OCTOBER 1, 1996 — RECONSIDERATION DENIED OCTOBER 10, 1996.


Summaries of

Botts v. Givens

Court of Appeals of Georgia
Oct 1, 1996
476 S.E.2d 816 (Ga. Ct. App. 1996)
Case details for

Botts v. Givens

Case Details

Full title:BOTTS v. GIVENS ET AL

Court:Court of Appeals of Georgia

Date published: Oct 1, 1996

Citations

476 S.E.2d 816 (Ga. Ct. App. 1996)
223 Ga. App. 139

Citing Cases

Toenniges v. Steed

The Tilsons never having been made proper party plaintiffs, Toenniges' failure to comply with the requisite…

Merritt v. City of Warner Robins

Id.; compare Harrell v. Little Pup Development Construction, Inc., 269 Ga. 143, 144(1) ( 498 S.E.2d 251)…