Robinson v. Mullins

Full title: ROBINSON v. MULLINS et al

Court: Court of Appeals of Georgia

Date published: Nov 30, 1984

325 S.E.2d 172 (Ga. Ct. App. 1984)

172 Ga. App. 802

Opinion

69189.

DECIDED NOVEMBER 30, 1984.

Motion for new trial. Spalding Superior Court. Before Judge Miller.

P. Benson Ham, for appellant.

Clifford Seay, Richard L. Mullins, for appellees.

SOGNIER, Judge.

Appellant D. A. Robinson, Jr. filed this appeal to the December 2, 1983, order of the Superior Court of Spalding County dismissing appellant's motion for new trial pursuant to a motion to dismiss filed by appellees, co-administrators of the estate of J. Hill Touchstone. In this appeal from that dismissal order, appellant enumerates four alleged errors; however, none of these enumerations has reference to the dismissal order. The order dismissing appellant's motion accordingly stands affirmed. Burger v. Burton, 168 Ga. App. 378 (1) ( 308 S.E.2d 868) (1983). Although we are without jurisdiction to reach the stated enumerations of error, Burger, supra, we note that all four were decided adversely to appellant in Robinson v. Mullins, 169 Ga. App. 903 ( 315 S.E.2d 658) (1984).

Appellees' request for the imposition of damages for frivolous appeal under OCGA § 5-6-6 is denied.

Judgment affirmed. McMurray, C. J., and Deen, P. J., concur.

SOGNIER, Judge.

DECIDED NOVEMBER 30, 1984.