Hoover v. State Highway Department., 117 Ga. App. 619, 161 S.E.2d 371 (1968)
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Dismissed. Pannell, J., concurs. Jordan, P. J., concurs specially.
Summary
Dismissed. Pannell, J., concurs. Jordan, P. J., concurs specially.
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Arthur K. Bolton, Attorney General, Richard L. Chambers, John A. Sligh, Jr., Assistant Attorneys General, for appellee.Thomas F. Nicholson, for appellant.
"The notice [of appeals shall set forth a concise statement of the judgment, ruling or order entitling the appellant to take an appeal." Code Ann. 6-802. The notice in this case fails to identify any final judgment appealed from otherwise than by stating that it is "the judgment entered in this action on November 7, 1967." The record shows no judgment entered on that date. The order denying the motion for new trial was signed and filed in the clerk's office on November 8, 1967, and cannot be considered as the judgment appealed from. Hardnett v. U. S. F. & G. Co.,
The motion to dismiss is granted and the appeal is
JORDAN, Presiding Judge, concurring specially.
I concur in the judgment for the reason pointed out by Chief Judge Felton in the Olson case cited in the opinion, i.e., solely because we are bound by the two Supreme Court cases cited in the opinion.
The record in this case shows a final judgment dated November 8, 1967, and a timely notice of appeal filed thereto. The fact that the notice of appeal specified the judgment as dated "November 7, 1967" is apparently a typographical error or oversight which in my opinion does not deprive this court of jurisdiction of the appeal. Code Ann. 6-809 specifies that this court may "take any other action to perfect the appeal and record so that the appellate court can and will pass upon the appeal and not dismiss." Where the record clearly shows a final judgment and a timely appeal therefrom with sufficient clarity for this court to understand the judgment appealed from, the appeal should not be dismissed because of a technical defect in the notice of appeal.
1968
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This document cites
- Supreme Court of Georgia - WALKER v. WALKER., 222 Ga. 521, 150 S.E.2.d 635 (1966)
- Supreme Court of Georgia - BOWERS et al. v. GILL et al., 222 Ga. 529, 150 S.E.2.d 653 (1966)
- Georgia Court Of Appeals - Olson v. Austin Enterprises, Inc., 116 Ga. App. 197, 156 S.E.2d 655 (1967)
- Georgia Court Of Appeals - Hardnett v. U. S. Fidelity &Amp; Guaranty Company Et Al., 116 Ga. App. 732, 158 S.E.2d 303 (1967)
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