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Brinson v. Foster

Court of Appeals of Georgia
Aug 31, 2021
No. A21A0663 (Ga. Ct. App. Aug. 31, 2021)

Opinion

A21A0663

08-31-2021

VERONICA BRINSON v. ANDREW FOSTER.


The Court of Appeals hereby passes the following order:

On August 20, 2019, the trial court entered an order finding Veronica Brinson to be in contempt. Brinson filed both a timely motion for new trial and a notice of appeal. We lack jurisdiction to consider this appeal because the trial court has not yet ruled on the motion for new trial.

In a civil case, "[a] notice of appeal from the judgment, filed while a motion for new trial is pending, and unaccompanied by a proper certificate for immediate review, confers no jurisdiction in the appellate court and results in a dismissal of the appeal." (Punctuation omitted.) Auld v. Weaver, 196 Ga.App. 782 (397 S.E.2d 51) (1990); see also Griffin v. Loper, 209 Ga.App. 504 (433 S.E.2d 653) (1993). Because Brinson filed this appeal before the trial court entered a ruling on her motion for new trial, it is premature and is hereby DISMISSED.


Summaries of

Brinson v. Foster

Court of Appeals of Georgia
Aug 31, 2021
No. A21A0663 (Ga. Ct. App. Aug. 31, 2021)
Case details for

Brinson v. Foster

Case Details

Full title:VERONICA BRINSON v. ANDREW FOSTER.

Court:Court of Appeals of Georgia

Date published: Aug 31, 2021

Citations

No. A21A0663 (Ga. Ct. App. Aug. 31, 2021)