Banks v. Banks

Full title: BANKS v. BANKS

Court: Supreme Court of Georgia

Date published: Jan 6, 1966

146 S.E.2d 636 (Ga. 1966)

146 S.E.2d 636

Opinion

23252.

ARGUED DECEMBER 13, 1965.

DECIDED JANUARY 6, 1966.

Appellate procedure. Clayton Superior Court. Before Judge Banke.

Kemp Watson, John L. Watson, Jr., for appellant.

Fine Rolader, D. W. Rolader, for appellee.

COOK, Justice.

On September 16, 1965, Russell Bradford Banks, Jr., filed a notice of appeal from a judgment of February 8, 1965, in the case of Virnell Butler Banks against the appellant, which judgment amended a judgment and decree entered on August 1, 1963, in a case between the same parties. The notice of appeal was not filed within the time provided by Section 5 of the Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 21; Code Ann. § 6-803), and no enumeration of the errors relied on was filed within the time required by Section 14 of that Act, as amended by Ga. L. 1965, pp. 240, 243 Code Ann. § 6-810). Under the provisions of Section 13 (b) of the Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 29), as amended (Ga. L. 1965, pp. 240, 241; ( Code Ann. § 6-809), the appeal must be dismissed.

Appeal dismissed. All the Justices concur.

ARGUED DECEMBER 13, 1965 — DECIDED JANUARY 6, 1966.