Opinion · Supreme Court of Georgia

Forrester v. Ladwig

247 Ga. 426

Type
Opinion
Court
Supreme Court of Georgia
Jurisdiction
Georgia
Date
1981-04-08
Topic
general

How later courts describe this case

  • the court holds that an order "merely reaffirming” sum mary judgment did not extend appeal time for review of the earlier disposition
  • the court holds that an order "merely reaffirming" summary judgment did not extend appeal time for review of the earlier disposition
  • a notice of appeal filed within 30 days of a trial court’s order “merely reaffirming” a prior appealable judgment was nevertheless untimely, where the notice of appeal was filed more than 30 days after the filing of the appealable judgment

Citator

UpLaw has not yet analyzed Forrester v. Ladwig. The absence of a flag is not a finding that it is good law.

Cited by
4 opinions
Marshall, Justice.

The May 5, Í980, order granting the motion for summary judgment of the defendants, was an appealable order, the failure to file a timely notice of appeal from which is one of the statutory grounds for dismissal of a subsequent notice of appeal. Shepherd v. Epps, 242 Ga. 322 (249 SE2d 33) (1978) and cits. No extension of time for the filing of the notice of appeal was obtained, as provided by Code Ann. § 6-804 (Ga. L. 1965, pp. 18, 21). The plaintiff’s July 25, 1980, “motion for reconsideration” of the order granting the summary judgment motion, was not one of the four statutory motions which could extend the time of filing of the notice of appeal from the appealable judgment of May 5, 1980 (see Shepherd v. Epps, supra), *427 hence an appeal from the July 25,1980, order, merely reaffirming the May 5 grant of the summary judgment motion — though stating that the trial judge had considered the plaintiffs brief filed subsequent to the May 5 judgment — did not constitute a timely appeal from the May 5 judgment.

Decided April 8, 1981. R. Michael Key, for appellants. Alfred F. Zachry, for appellees.

Accordingly, the trial court properly sustained the defendants’ motion to dismiss the August 11, 1980, notice of appeal from the May 5 judgment..

Judgment affirmed.

All the Justices concur.