Weaver v. Sowell

Full title: WEAVER et al. v. SOWELL

Court: Court of Appeals of Georgia

Date published: Oct 21, 1974

210 S.E.2d 46 (Ga. Ct. App. 1974)

133 Ga. App. 97

Opinion

49767.

SUBMITTED OCTOBER 7, 1974.

DECIDED OCTOBER 21, 1974.

Appellate procedure. Fulton Civil Court. Before Judge Webb.

Theodore E. Smith, for appellants.

Ware, Sterne Griffin, John K. Dunlap, Steven S. Dunlevie, for appellee.

QUILLIAN, Judge.

The instant case is controlled by the recent ruling of the Supreme Court which held: "An action filed in the Civil Court of Fulton County in which the only relief sought is possession of real estate by the owner thereof is not subject to direct appeal to the Court of Appeals or this court. An appeal to the appellate division of that court must first be filed." Daniel v. Federal National Mortgage Assn., 231 Ga. 385 (2) ( 202 S.E.2d 388).

Appeal dismissed. Bell, C. J., and Clark, J., concur.

SUBMITTED OCTOBER 7, 1974 — DECIDED OCTOBER 21, 1974.