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Sparks v. Caldwell

Supreme Court of Georgia
Oct 23, 1979
244 Ga. 530 (Ga. 1979)

Opinion

35465.

SUBMITTED SEPTEMBER 28, 1979.

DECIDED OCTOBER 23, 1979.

Administrative appeal; constitutional question. DeKalb Superior Court. Before Judge Dean.

Mary Brock Ken, for appellant.

Arthur K. Bolton, Attorney General, George P. Shingler, Assistant Attorney General, for appellees.


This case involves the timeliness of the filing of a notice of appeal from the claims examiner to the appeals referee under the Employment Security Act. The Board of Review and the DeKalb Superior Court affirmed the dismissal. Sparks raised his constitutional attack on the notice of appeal provision, Code Ann. § 54-612(3), for the first time in the superior court. His challenge comes too late. Under our decisions, the challenge must first be made before the agency. Code Ann. § 3A-120(c). See Ga. Real Estate Comm. v. Burnette, 243 Ga. 516 ( 255 S.E.2d 38) (1979); Elson's Book Store v. Buice, 227 Ga. 170 ( 179 S.E.2d 250) (1971).

Judgment affirmed. All the Justices concur.


SUBMITTED SEPTEMBER 28, 1979 — DECIDED OCTOBER 23, 1979.


Summaries of

Sparks v. Caldwell

Supreme Court of Georgia
Oct 23, 1979
244 Ga. 530 (Ga. 1979)
Case details for

Sparks v. Caldwell

Case Details

Full title:SPARKS v. CALDWELL et al

Court:Supreme Court of Georgia

Date published: Oct 23, 1979

Citations

244 Ga. 530 (Ga. 1979)
261 S.E.2d 590

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