Waddell v. T G Financial, Inc.

Full title: WADDELL v. T G FINANCIAL, INC. et al

Court: Court of Appeals of Georgia

Date published: Jul 16, 1999

520 S.E.2d 911 (Ga. Ct. App. 1999)

520 S.E.2d 911

Opinion

A99A2174.

DECIDED: JULY 16, 1999.

Breach of contract. Chatham Superior Court. Before Judge Karpf.

Stacy Waddell, pro se. Daryl J. Walker, for appellees.

McMURRAY, Presiding Judge.

Plaintiff Stacy Waddell, an inmate at Rogers State Prison in Reidsville, Georgia, filed a pro se breach of contract action, alleging defendants T G Financial, Inc., M. Hugh Turner, Crumley Auto Service, Inc., and James Crumley negligently repaired plaintiff's 1986 Porsche 944 Turbo. The superior court granted summary judgment in favor of defendants and plaintiff brings this direct appeal. Held:

Under the express mandate of OCGA § 42-12-8, appeals of all actions filed by prisoners shall be by application for discretionary appeal as provided in OCGA § 5-6-35. Plaintiff's failure to comply with the discretionary appeal procedure requires dismissal of the appeal in Case No. A99A2174. Jones v. Townsend, 267 Ga. 489, 491 ( 480 S.E.2d 24). See also Serpentfoot v. Salmon, 225 Ga. App. 478 ( 483 S.E.2d 927) and Hall v. Linahan, 225 Ga. App. 439 ( 484 S.E.2d 65).

Appeal dismissed. Johnson, C. J., and Phipps, J., concur.

McMURRAY, Presiding Judge.

DECIDED JULY 16, 1999.