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American Flat Glass Distributors, Inc. v. Michael

Supreme Court of Georgia
Jun 22, 1990
392 S.E.2d 855 (Ga. 1990)

Opinion

S90A0981.

DECIDED JUNE 22, 1990. RECONSIDERATION DENIED JULY 11, 1990.

Equity. Cobb Superior Court. Before Judge Kreeger.

Sutherland, Asbill Brennan, Richard G. Murphy, Jr., Patricia B. Cunningham, for appellants.

Awtrey Parker, Toby B. Prodgers, Chambliss, Bahner, Crutchfield, Gaston Irvine, J. E. Gervin, Jr., for appellees.


The trial court entered a judgment and order on August 31, 1989. On September 19, 1989, appellants, American Flat Glass Distributors, Inc., filed a motion to amend the trial court's findings of fact and conclusions of law; however, the appellants did not file a notice of appeal, a motion for new trial, a motion in arrest of judgment, or a motion for a judgment notwithstanding the verdict within thirty days after the August 31, 1989 order was entered.

On December 7, 1989, the trial court denied the appellants' motion to amend findings of fact and conclusions of law, and on December 21, 1989, the appellants filed a notice of appeal.

A judgment entered by a trial court becomes final thirty days after its entry unless, before thirty days, a notice of appeal, a motion for new trial, a motion in arrest of judgment, or a motion for a judgment notwithstanding the verdict is filed. OCGA § 5-6-38. The only motion the appellants filed within the thirty-day period was a motion to amend the findings of fact and conclusions of law. A motion to amend is not a motion which, under the Georgia Appellate Practice Act, extends the time for filing a notice of appeal in a civil case. Taylor v. City of Columbus, 228 Ga. 493 ( 186 S.E.2d 539) (1971).

Appeal dismissed. All the Justices concur.

DECIDED JUNE 22, 1990 — RECONSIDERATION DENIED JULY 11, 1990.


Summaries of

American Flat Glass Distributors, Inc. v. Michael

Supreme Court of Georgia
Jun 22, 1990
392 S.E.2d 855 (Ga. 1990)
Case details for

American Flat Glass Distributors, Inc. v. Michael

Case Details

Full title:AMERICAN FLAT GLASS DISTRIBUTORS, INC. et al. v. MICHAEL et al

Court:Supreme Court of Georgia

Date published: Jun 22, 1990

Citations

392 S.E.2d 855 (Ga. 1990)
260 Ga. 312

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