From Casetext: Smarter Legal Research

Herrington v. Herrington

Supreme Court of Georgia
Jan 23, 1973
230 Ga. 94 (Ga. 1973)

Summary

In Herrington v. Herrington, 230 Ga. 94 (195 S.E.2d 654), the reason for this rule was given as follows: "The time for filing a notice of appeal is, subject to exceptions not applicable here, `within 30 days after entry of the appealable decision or judgment.' Code Ann. § 6-803 (a) [Ga. L. 1965, pp. 18, 21, as amended]. `The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.' Jordan v. Caldwell, 229 Ga. 343 (191 S.E.2d 530); Pittman v. State, 229 Ga. 656 (193 S.E.2d 820)."

Summary of this case from Gillen v. Bostick

Opinion

27656.

SUBMITTED JANUARY 8, 1973.

DECIDED JANUARY 23, 1973.

Cancellation. Screven Superior Court. Before Judge Hawkins.

Harold W. Hollingsworth, for appellant.

Lewis Lewis, Preston B. Lewis, Jr., Harry H. Hunter, for appellees.


The trial judge directed a verdict for the defendants and the jury so found on July 19, 1972. The plaintiff filed her notice of appeal "from the directed verdict" on August 15, 1972. The trial judge entered judgment on the directed verdict on November 10, 1972. The judgment, and not the verdict, is the appealable decision. The time for filing a notice of appeal is, subject to exceptions not applicable here, "within 30 days after entry of the appealable decision or judgment." Code Ann. § 6-803 (a). "The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court." Jordan v. Caldwell, 229 Ga. 343 ( 191 S.E.2d 530); Pittman v. State, 229 Ga. 656 ( 193 S.E.2d 820).

Appeal dismissed. All the Justices concur.


SUBMITTED JANUARY 8, 1973 — DECIDED JANUARY 23, 1973.


Summaries of

Herrington v. Herrington

Supreme Court of Georgia
Jan 23, 1973
230 Ga. 94 (Ga. 1973)

In Herrington v. Herrington, 230 Ga. 94 (195 S.E.2d 654), the reason for this rule was given as follows: "The time for filing a notice of appeal is, subject to exceptions not applicable here, `within 30 days after entry of the appealable decision or judgment.' Code Ann. § 6-803 (a) [Ga. L. 1965, pp. 18, 21, as amended]. `The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.' Jordan v. Caldwell, 229 Ga. 343 (191 S.E.2d 530); Pittman v. State, 229 Ga. 656 (193 S.E.2d 820)."

Summary of this case from Gillen v. Bostick
Case details for

Herrington v. Herrington

Case Details

Full title:HERRINGTON v. HERRINGTON et al

Court:Supreme Court of Georgia

Date published: Jan 23, 1973

Citations

230 Ga. 94 (Ga. 1973)
195 S.E.2d 654

Citing Cases

Rodriguez v. Newby

"The judgment, and not the verdict, is the appealable decision." Herrington v. Herrington, 230 Ga. 94 ( 195…

Gillen v. Bostick

Under prior decisions of this court a premature filing of a notice of appeal would be ineffective to vest…