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Wilson v. City of Atlanta

Court of Appeals of Georgia
Oct 26, 1987
362 S.E.2d 460 (Ga. Ct. App. 1987)

Opinion

74576.

DECIDED OCTOBER 26, 1987.

Motion to dismiss. Fulton Superior Court. Before Judge Cooper.

Donald P. Wilson, pro se. Marva Jones Brooks, Robin S. Phillips, W. Roy Mays III, Jo Avery Crowder, for appellees.


Plaintiff Donald P. Wilson filed an action against the City of Atlanta and R. N. Owen, T. A. Sturgis, J. L. Stroud, F. D. Echols, E. A. Bell and Morris Redding, and on March 7, 1986, the trial court granted the defendant individuals' motion to dismiss for insufficiency of service of process. Subsequently, on October 6, 1986, the trial court granted the City of Atlanta's motion to dismiss based on plaintiff's failure to comply with Georgia's ante-litem notice statute, OCGA § 36-33-5. Plaintiff appeals. Held:

In two enumerations of error, plaintiff contends that he had no notice of the defendant individuals' motion to dismiss or the City of Atlanta's motion to dismiss. A review of the record reveals no point at which plaintiff raised these issues. "`Enumerations of error which raise questions for the first time on appeal present nothing for decision. (Cits.)' Green v. State, 170 Ga. App. 806-807 ( 318 S.E.2d 513) (1984)." Lane v. State, 180 Ga. App. 168, 169 (4) ( 348 S.E.2d 711). In any event, the record shows without contradiction that plaintiff was served by mail with notice of both defendants' and the City of Atlanta's motions to dismiss pursuant to OCGA § 9-11-5 (b). See Allen v. Bd. of Tax Assessors of Paulding County, 247 Ga. 568 ( 277 S.E.2d 660). Consequently, plaintiff's enumerations of error are without merit.

Judgment affirmed. Sognier and Beasley, JJ., concur.


DECIDED OCTOBER 26, 1987.


Summaries of

Wilson v. City of Atlanta

Court of Appeals of Georgia
Oct 26, 1987
362 S.E.2d 460 (Ga. Ct. App. 1987)
Case details for

Wilson v. City of Atlanta

Case Details

Full title:WILSON v. CITY OF ATLANTA et al

Court:Court of Appeals of Georgia

Date published: Oct 26, 1987

Citations

362 S.E.2d 460 (Ga. Ct. App. 1987)
362 S.E.2d 460

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