Walker v. Walker

Full title: WALKER v. WALKER

Court: Supreme Court of Georgia

Date published: Sep 22, 1966

150 S.E.2d 635 (Ga. 1966)

150 S.E.2d 635

Opinion

23655.

SUBMITTED SEPTEMBER 15, 1966.

DECIDED SEPTEMBER 22, 1966.

Appellate procedure. Fulton Superior Court. Before Judge Alverson.

Stanley H. Nylen, for appellant.

Mildred L. Kingloff, for appellee.

QUILLIAN, Justice.

The Appellate Practice Act of 1965, §§ 4 and 5 ( Code Ann. §§ 6-802, 6-803; Ga. L. 1965, pp. 18, 20, 21, as amended, Ga. L. 1966, pp. 493, 495, 496), requires that an appeal to be held valid must be taken from an appealable decision or judgment of the trial court. Where, as in this case, the record discloses there is no judgment of the trial court of the date and description of that appealed from, the requirement of the statute is not met. Gibson v. Hodges, 221 Ga. 779 ( 147 S.E.2d 329). The omission is fatal; the appeal must be

Dismissed. All the Justices concur.

SUBMITTED SEPTEMBER 15, 1966 — DECIDED SEPTEMBER 22, 1966.