Opinion
42767, 42768.
SUBMITTED MAY 2, 1967.
DECIDED MAY 5, 1967.
Appellate procedure. Fulton Superior Court. Before Judge McKenzie.
Adair, Goldthwaite, Stanford, Daniel Horn, Michael J. Reily, for appellants.
Smith, Cohen, Ringel, Kohler, Martin Lowe, Scott Charlton, for appellee.
The notice of appeal in each of these cases recites that the appeal is taken "from the order sustaining defendant's general demurrers entered in this action on January 25, 1967." The record does not disclose such an order but does disclose an order sustaining the general demurrers entered on January 10, 1967. Since the notices of appeal were not filed until February 23, 1967, the appeals from the order sustaining the general demurrers are not timely and must be
Dismissed. Felton, C. J., and Hall, J., concur.