From Casetext: Smarter Legal Research

Parker v. Coker

Court of Appeals of Georgia
Oct 14, 1965
145 S.E.2d 628 (Ga. Ct. App. 1965)

Opinion

41579.

ARGUED OCTOBER 5, 1965.

DECIDED OCTOBER 14, 1965.

Contempt. Walker Superior Court. Before Judge Coker.

Cook Palmour, A. Cecil Palmour, for appellant.

Burton Brown, for appellee.


Papers filed in a case but ordered expunged from the record and delivered to counsel are no longer a part of the record after such delivery, and where no exception is taken to such judgment the trial court is without authority under Rules 25 and 35 of the Rules of the Superior Courts ( Code Ann. §§ 24-3325, 24-3335), to order, at a later term, the return of such papers.

ARGUED OCTOBER 5, 1965 — DECIDED OCTOBER 14, 1965.


John H. Campbell, Jr. filed an action in equity against Walker Land Corporation, et al. in the Walker County Superior Court (case No. 9677), and in connection with such action depositions were taken and filed with the Clerk of Superior Court of Walker County. Thereafter, an agreement as to a final judgment was entered into by the parties and a stipulation by the parties was approved by the court and made a part of the record in the case. This stipulation provided that the depositions would be withdrawn, not be considered as a part of the record in the case, and would be delivered to the attorney for the defendant in such action, Richard L. Parker. The depositions were withdrawn and delivered to Parker in accordance with the judgment rendered on April 22, 1965. On June 1, 1965, at the next term of court, a motion (case No. 10001), by a trustee appointed by the trial court was filed seeking to have such depositions in case No. 9677 returned to the clerk of the court or delivered to the trustee so that such depositions could be examined with reference to the duties placed on the trustee in case No. 10001. On the same date the trial judge signed an order requiring Richard L. Parker to deliver such depositions to the clerk of the superior court.

Thereafter, when Parker failed to deliver the depositions to the clerk of the superior court he was cited for contempt and after hearing, at which the stipulation and judgment in case No. 9677 were offered in evidence, the trial court found the respondent guilty of contempt of court, and it is to this judgment that the respondent, now appellant, excepts.


The sole question for decision is whether the respondent can be adjudged in contempt of court in one case for failing to deliver to the clerk of the trial court depositions originally filed in a previous case between different parties and by court order removed and expunged from the record in such previous case.

On motion by a proper party matter may be ordered expunged from the record ( Kelley v. Tanksley, 105 Ga. App. 65 ( 123 S.E.2d 462)), and the judgment ordering the depositions removed from the record and delivered to the appellant in accordance with the stipulation between the parties in such litigation was not void. Therefore, the depositions were no longer a part of the record in case No. 9677, and the order finding the appellant guilty of contempt of court because he failed to return to the clerk "court records" must be reversed since under the facts the depositions were not court records which the trial court could order returned to the clerk under the provisions of Rules 25 and 35 of the Rules of the Superior Courts ( Code Ann. §§ 24-3325, 24-3335).

Judgment reversed. Eberhardt and Pannell, JJ., concur.


Summaries of

Parker v. Coker

Court of Appeals of Georgia
Oct 14, 1965
145 S.E.2d 628 (Ga. Ct. App. 1965)
Case details for

Parker v. Coker

Case Details

Full title:PARKER v. COKER, Judge

Court:Court of Appeals of Georgia

Date published: Oct 14, 1965

Citations

145 S.E.2d 628 (Ga. Ct. App. 1965)
145 S.E.2d 628