Easley, McCaleb Stallings, Ltd. v. Gateway Mgmt

2 Citing cases

  1. Lamb v. First Union Brokerage Services, Inc.

    263 Ga. App. 733 (Ga. Ct. App. 2003)   Cited 6 times

    Under OCGA § 5-6-35(a) (4), Kang had only 30 days from March 12, 2002, the date of the entry of the order, from which to file an application for discretionary appeal. Apparently, either Kang failed to do so or Kang's application for appeal was denied. In either event, since Kang cannot now appeal that judgment, neither can Lamb. See Easley, McCaleb Stallings v. Gateway Mgmt., 191 Ga. App. 588 ( 382 S.E.2d 373) (1989). Even had Lamb's claims not been procedurally barred by Kang's failure to comply with the terms of OCGA § 5-6-35, his claims are otherwise foreclosed for an additional reason.

  2. Maloy v. Ewing

    226 Ga. App. 490 (Ga. Ct. App. 1997)   Cited 4 times

    " OCGA § 5-6-34 (a) (5). "Contrary to [Claimant's] arguments, the exception as set forth in OCGA § 5-6-34 (a) (5) is clearly not applicable here [as Claimant sought no attachment against an allegedly fraudulent debtor], and thus we must dismiss this [direct] appeal. . . . OCGA § 5-6-35 (a) (4); see Wallace v. Saks Fifth Ave., [Inc.] 180 Ga. App. 679 ( 350 S.E.2d 308) (1986)." Easley, McCaleb Stallings, Ltd. v. Gateway Management, 191 Ga. App. 588 ( 382 S.E.2d 373). Appeal dismissed. Beasley and Smith, JJ., concur.