From Casetext: Smarter Legal Research

Genins v. Genins

Supreme Court of Georgia
Jan 26, 1970
172 S.E.2d 416 (Ga. 1970)

Opinion

25597.

SUBMITTED JANUARY 14, 1970.

DECIDED JANUARY 26, 1970.

Appellate procedure. Fulton Superior Court. Before Judge Emeritus Wood.

Shoob, McLain Jessee, Gregg Loomis, R. John Genins, for appellant.

Leon A. Wilson, C. Edwin Rozier, for appellee.


This appeal in a divorce case is from "the order entered in this action on July 17, 1969." The notice of appeal was filed on August 15, 1969. There is no order in the record entered on July 17, 1969. It appears from the enumeration of errors that the order appealed from is one granting temporary custody of minor children, temporary child support, and attorney's fees, which was entered on July 15, 1969. The notice of appeal was not filed within thirty days of the order of July 15, 1969, as required by statute. Code Ann. § 6-803 (Ga. L. 1965, pp. 18, 21; Ga. L. 1966, pp. 493, 496; Ga. L. 1968, pp. 1072, 1077). No extension of time for filing the notice is shown by the record. The appeal must therefore be dismissed. Code Ann. § 6-809 (Ga. L. 1965, pp. 18, 29, 240, 241; Ga. L. 1966, pp. 493, 500; Ga. L. 1968, pp. 1972, 1073, 1074); Bailey v. State, 224 Ga. 48 ( 159 S.E.2d 286).

Appeal dismissed. All the Justices concur.

SUBMITTED JANUARY 14, 1970 — DECIDED JANUARY 26, 1970.


Summaries of

Genins v. Genins

Supreme Court of Georgia
Jan 26, 1970
172 S.E.2d 416 (Ga. 1970)
Case details for

Genins v. Genins

Case Details

Full title:GENINS v. GENINS

Court:Supreme Court of Georgia

Date published: Jan 26, 1970

Citations

172 S.E.2d 416 (Ga. 1970)
226 Ga. 70

Citing Cases

Blanton v. Jones

The record also shows no order of the trial court extending the time for filing the notice of appeal. Georgia…