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Foster v. Therrell

Court of Appeals of Georgia
Oct 25, 1965
145 S.E.2d 624 (Ga. Ct. App. 1965)

Opinion

41565.

ARGUED OCTOBER 5, 1965.

DECIDED OCTOBER 25, 1965.

Motion for new trial. Fulton Civil Court. Before Judge Wright.

Romae L. Turner, George C. Mitchell, for plaintiff in error.

Barbee Pennisi, Carolyn M. Pennisi, contra.


1. This case is controlled by the decision in King v. Skinner, 101 Ga. App. 102 (1, 2) ( 112 S.E.2d 789) and the rulings therein made that the failure of the movant, in a motion for new trial, to comply with Rule 8 of the Civil Court of Fulton County providing for two days' written notice to opposing counsel (or waiver in writing) before submitting a brief of evidence for approval by the trial judge, is a proper ground for dismissing the motion for new trial.

2. Under the facts disclosed by the record, it does not appear that the trial judge abused his discretion in refusing to continue the hearing on the motion for new trial.

Judgment affirmed. Nichols, P. J., and Eberhardt, J., concur.

ARGUED OCTOBER 5, 1965 — DECIDED OCTOBER 25, 1965.


Summaries of

Foster v. Therrell

Court of Appeals of Georgia
Oct 25, 1965
145 S.E.2d 624 (Ga. Ct. App. 1965)
Case details for

Foster v. Therrell

Case Details

Full title:FOSTER v. THERRELL

Court:Court of Appeals of Georgia

Date published: Oct 25, 1965

Citations

145 S.E.2d 624 (Ga. Ct. App. 1965)
145 S.E.2d 624