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Chambers v. Abellana

Court of Appeals of Georgia
Apr 8, 1999
515 S.E.2d 884 (Ga. Ct. App. 1999)

Opinion

A99A1238.

DECIDED: APRIL 8, 1999

Medical malpractice. Macon Superior Court. Before Judge Gibson.

Donovan Chambers, pro se. Miller Towson, Wallace Miller III, Joel A. Howe, for appellees.


Donovan Chambers, an inmate at Macon State Prison, Oglethorpe, Georgia, appearing pro se, filed this appeal from the trial court's order granting Dr. Max Abellana's motion for summary judgment in this medical malpractice action. Held:

"The Prison Litigation Reform Act of 1996 provides that `appeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35.' OCGA § 42-12-8." Serpentfoot v. Salmon, 225 Ga. App. 478 ( 483 S.E.2d 927). The case sub judice is subject to this provision because appellant Chambers filed his notice of appeal while a prisoner. See OCGA § 42-12-3 (4). Since appellant Chambers has not followed the discretionary appeal procedure provided in OCGA § 5-6-35, we have no jurisdiction to consider this appeal. Botts v. Givens, 223 Ga. App. 139 ( 476 S.E.2d 816); Boyle v. State of Georgia., 190 Ga. App. 734 ( 380 S.E.2d 57). Accordingly, we must dismiss appellant Chambers' appeal.

Appeal dismissed. Andrews and Ruffin, JJ., concur.


DECIDED APRIL 8, 1999 — RECONSIDERATION DENIED APRIL 20, 1999.


Summaries of

Chambers v. Abellana

Court of Appeals of Georgia
Apr 8, 1999
515 S.E.2d 884 (Ga. Ct. App. 1999)
Case details for

Chambers v. Abellana

Case Details

Full title:CHAMBERS v. ABELLANA, et al

Court:Court of Appeals of Georgia

Date published: Apr 8, 1999

Citations

515 S.E.2d 884 (Ga. Ct. App. 1999)
237 Ga. App. 698

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