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McClure v. Department of Transportation

Court of Appeals of Georgia
Nov 24, 1976
140 Ga. App. 564 (Ga. Ct. App. 1976)

Opinion

53020.

ARGUED NOVEMBER 1, 1976.

DECIDED NOVEMBER 24, 1976.

Condemnation of land. Cobb Superior Court. Before Judge Hames.

Cochran, Camp Snipes, Glen E. Stinson, for appellant.

Flournoy Still, Charles A. Evans, for appellee.


1. The appellee, Department of Transportation, filed a petition and declaration of taking pursuant to Code § 95A-601 et seq., which was served on the appellant-condemnee on April 3, 1975. On May 12, 1975, more than 30 days after service, the appellant filed a notice of appeal under Code § 95A-610. Code § 95A-610 provides that not later than 30 days after service the condemnee may file a notice of appeal where he is dissatisfied with the compensation deposited on the filing of the declaration of taking. Granting extensions of time as permitted under certain circumstances by the Civil Practice Act does not apply to periods of time which are definitely fixed by other statutes. See CPA § 6 (b) (Code Ann. § 81A-106 (b). Miller v. Ga. Real Estate Comm., 136 Ga. App. 718 ( 222 S.E.2d 183). Accordingly, the trial court had no authority or discretion to extend the period of time for filing a notice of appeal. It was not error to dismiss the appellant's late appeal.

2. Appellant enumerates as error another ruling by the trial court but the record on appeal does not show that this alleged erroneous ruling ever occurred. Appellant has not sought to supplement the record under Code Ann. § 6-805 (f). Therefore, there is nothing for us to review. Allen v. State, 230 Ga. 772 ( 199 S.E.2d 246). Judgment affirmed. Clark and Stolz, JJ., concur.

ARGUED NOVEMBER 1, 1976 — DECIDED NOVEMBER 24, 1976.


Summaries of

McClure v. Department of Transportation

Court of Appeals of Georgia
Nov 24, 1976
140 Ga. App. 564 (Ga. Ct. App. 1976)
Case details for

McClure v. Department of Transportation

Case Details

Full title:McCLURE v. DEPARTMENT OF TRANSPORTATION

Court:Court of Appeals of Georgia

Date published: Nov 24, 1976

Citations

140 Ga. App. 564 (Ga. Ct. App. 1976)
231 S.E.2d 532

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