Jones v. Walker

3 Citing cases

  1. Patterson v. Bristol Timber Co.

    286 Ga. App. 423 (Ga. Ct. App. 2007)   Cited 11 times
    Rejecting the argument that the appellee could not be considered the plaintiff’s statutory employer because the plaintiff was delivering the appellee’s product when the injury occurred

    Since the order was not appealed within the 30-day statutory limit, however, it could only be appealed after entry of the final judgment in the case. Jones v. Walker, 209 Ga.App. 532, 534 (1) ( 433 SE2d 726) (1993). We must determine, therefore, whether the July 17 order granting summary judgment to Bristol represented the final judgment in the case.

  2. McConnell v. Moore

    503 S.E.2d 593 (Ga. Ct. App. 1998)   Cited 2 times

    The appealability of the grant of summary judgment, provided for in the law of summary judgment, is merely a practical accommodation; the losing party has the option of appealing then or after final judgment. Recognizing it as an exception to the rule requiring final judgment in order to appeal demonstrates its character as interlocutory and not a final judgment, when the trial court certifies it as such under OCGA § 9-11-54 (b). Culwell v. Lomas Nettleton Co., 242 Ga. 242 ( 248 S.E.2d 641) (1978); Jones v. Walker, 209 Ga. App. 532, 534 (1) 433 S.E.2d 726) (1993). That was not done in this case.

  3. Bank of N. Ga. v. Vanbrocklin (In re Vanbrocklin)

    CASE NUMBER 15-11761-WHD (Bankr. N.D. Ga. May. 16, 2016)   Cited 4 times

    This is true despite the motion for reconsideration, which, under Georgia law, did not toll the time to file an appeal. See Jones v. Walker, 433 S.E.2d 726, 728 (Ga. Ct. App. 1993) (quoting Cleveland v. Fulton Cnty., 396 S.E.2d 2, 4 (Ga. Ct. App. 1990); see also O.C.G.A. § 15-7-43(a) ("The general laws and rules of appellate practice and procedure which are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals from the state courts."); O.C.G.A. § 5-6-38 ("A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of...."). Therefore, because the judgment of the State Court is a valid, final judgment under Georgia law, res judicata bars the re-litigation of the claim it addresses, namely, whether the automatic stay bars BNG's discovery requests.