McCluskey v. American Oil Company

Full title: McCLUSKEY v. AMERICAN OIL COMPANY et al

Court: Court of Appeals of Georgia

Date published: Jun 16, 1967

156 S.E.2d 383 (Ga. Ct. App. 1967)

156 S.E.2d 383

Opinion

42736.

ARGUED APRIL 5, 1967.

DECIDED JUNE 16, 1967. REHEARING DENIED JULY 6, 1967.

Appellate procedure. Cobb Superior Court. Before Judge Ingram.

Mundy Gammage, E. Lamar Gammage, William W. Mundy, for appellant.

Edwards, Bentley, Awtrey Parker, Scott S. Edwards, Jr., A. Sidney Parker, Fullbright Duffey, for appellees.

QUILLIAN, Judge.

In the case sub judice appeal was taken from the trial judge's refusal to grant McCluskey's motion to dismiss the appeal in case No. 42734. Held:

"In Davis v. Davis, 222 Ga. 369 ( 149 S.E.2d 802), the Supreme Court held that `the judges of the superior courts have no jurisdiction to dismiss an appeal' after an appellant files his notice of appeal." Puckett v. Edmonds, 115 Ga. App. 776. The trial judge did not err in refusing to dismiss the appeal.

Judgment affirmed. Jordan, P. J., and Deen, J., concur.

ARGUED APRIL 5, 1967 — DECIDED JUNE 16, 1967 — REHEARING DENIED JULY 6, 1967.