Hicks v. Maple Valley Corporation

Full title: HICKS v. MAPLE VALLEY CORPORATION

Court: Supreme Court of Georgia

Date published: Jan 19, 1967

153 S.E.2d 547 (Ga. 1967)

153 S.E.2d 547

Opinion

23875.

ARGUED JANUARY 9, 1967.

DECIDED JANUARY 19, 1967. REHEARING DENIED JANUARY 25, 1967.

Equitable petition. Cobb Superior Court. Before Judge Ingram.

Charles Elden Hicks, pro se. Brackett, Lyle Arnall, William F. Brackett, Claude F. Brackett, Jr., for appellee.

GRICE, Justice.

Appellee has moved to dismiss this appeal upon the ground that the notice of appeal was not filed within thirty days after entry of the appealable decision or judgment complained of, as required by Section 5 of the Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 21, as amended; Code Ann. § 6-803); and that the appeal is not from a final judgment, as required by Section 1 (a) of that Act.

We need consider only the first ground. The record shows that the last judgment entered was on June 9, 1966, and that the notice of appeal was not filed until October 4, 1966. Under these circumstances, the appeal must be dismissed. Ga. L. 1965, pp. 240, 241, as amended ( Code Ann. § 6-809); Stanford v. Evans, Reed Williams, 221 Ga. 331 ( 145 S.E.2d 504).

Appeal dismissed. All the Justices concur.

ARGUED JANUARY 9, 1967 — DECIDED JANUARY 25, 1967 — REHEARING DENIED JANUARY 25, 1967.