Associated Builders Supply v. Georgia-Pacific Corp.

Full title: ASSOCIATED BUILDERS SUPPLY et al. v. GEORGIA-PACIFIC CORPORATION

Court: Court of Appeals of Georgia

Date published: Jan 27, 1971

180 S.E.2d 273 (Ga. Ct. App. 1971)

180 S.E.2d 273

Opinion

45787.

SUBMITTED JANUARY 7, 1971.

DECIDED JANUARY 27, 1971.

Appellate procedure. Chattooga Superior Court. Before Judge Painter.

Wm. Jerry Westbrook, for appellants.

Covington, Kilpatrick Storey, J. S. Kilpatrick, for appellee.

EVANS, Judge.

Before looking to the merits of the case we must determine if this court has jurisdiction of this appeal. Certain procedures must be followed to authorize an appeal.

The failure to file a notice of appeal within the time required (thirty days after entry of the judgment complained of ( Code Ann. § 6-803)), unless the trial judge has extended the time ( Code Ann. § 6-804; Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 21, as amended, Ga. L. 1966, pp. 493, 496; 1968, pp. 1072, 1077, will result in its dismissal. Appellate Practice Act (Ga. L. 1965, pp. 18, 29, as amended, Ga. L. 1965, pp. 240, 241; 1966, pp. 493, 500; 1968, pp. 1072, 1073, 1074 ( Code Ann. § 6-809); Stanford v. Evans, Reed Williams, 221 Ga. 331 ( 145 S.E.2d 504); Bailey v. State, 224 Ga. 48 ( 159 S.E.2d 286); Buckhead Doctors' Bldg. v. Oxford Finance Companies, 116 Ga. App. 503 ( 157 S.E.2d 767). While the notice of appeal was filed only one day late, we are powerless to deny the motion to dismiss filed by the appellee.

Appeal dismissed. Jordan, P. J., and Quillian, J., concur.

SUBMITTED JANUARY 7, 1971 — DECIDED JANUARY 27, 1971.