Brown v. Levine

Full title: BROWN v. LEVINE

Court: Court of Appeals of Georgia

Date published: Nov 2, 1998

508 S.E.2d 449 (Ga. Ct. App. 1998)

508 S.E.2d 449

Opinion

A98A0828.

DECIDED NOVEMBER 2, 1998.

Legal malpractice. Chatham Superior Court. Before Judge Freesemann.

Henry Brown, pro se.

Karsman, Brooks Callaway, R. Krane Riddle, for appellee.

McMURRAY, Presiding Judge.

Appellant Henry Brown filed this direct appeal from prison after the trial court disposed of appellant Brown's legal malpractice action via summary judgment. The Prison Litigation Reform Act of 1996 provides that "[a]ppeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35." OCGA § 42-12-8. Appellant Brown did not comply with the requisite discretionary procedures set forth in OCGA § 5-6-35 when he filed this appeal. We therefore have no jurisdiction to consider appellant Brown's appeal. Botts v. Givens, 223 Ga. App. 139 ( 476 S.E.2d 816). Accordingly, we must dismiss appellant Brown's appeal.

Appeal dismissed. Blackburn and Eldridge, JJ., concur.

McMURRAY, Presiding Judge.

DECIDED NOVEMBER 2, 1998.