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McCauley v. Board of Tax Assessors of Muscogee County

Supreme Court of Georgia
Mar 18, 1980
265 S.E.2d 787 (Ga. 1980)

Opinion

36000.

SUBMITTED FEBRUARY 29, 1980.

DECIDED MARCH 18, 1980.

Ad valorem tax assessment. Muscogee Superior Court. Before Judge Followill.

Vincent P. McCauley, for appellant.

Lennie F. Davis, Thomas N. Austin, for appellee.


This taxpayer's appeal to the superior court from the denial of relief by the board of equalization was dismissed for failure to pay the "taxes admittedly due" as required by Code Ann. § 92-6413. See Allright Parking of Ga., Inc. v. Joint City-County Bd. of Tax Assessors, 244 Ga. 378 ( 260 S.E.2d 315) (1979). Although the trial court announced its ruling from the bench, a written order was not filed until approximately a week later. Meanwhile, the taxpayer paid the remaining amount due on his taxes. "The filing with the clerk of a judgment, signed by the judge, constitutes the entry of such judgment, and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of same . . ." Code Ann. § 81A-158(b). Since the taxpayer paid his taxes prior to the filing of the judgment on the motion to dismiss, his appeal was improperly dismissed.

Judgment reversed. All the Justices concur.


SUBMITTED FEBRUARY 29, 1980 — DECIDED MARCH 18, 1980.


Summaries of

McCauley v. Board of Tax Assessors of Muscogee County

Supreme Court of Georgia
Mar 18, 1980
265 S.E.2d 787 (Ga. 1980)
Case details for

McCauley v. Board of Tax Assessors of Muscogee County

Case Details

Full title:McCAULEY v. BOARD OF TAX ASSESSORS OF MUSCOGEE COUNTY, GEORGIA

Court:Supreme Court of Georgia

Date published: Mar 18, 1980

Citations

265 S.E.2d 787 (Ga. 1980)
265 S.E.2d 787

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