Model Cleaners & Laundry, Inc. v. Per Corp.

Full title: MODEL CLEANERS LAUNDRY, INC. v. PER CORPORATION et al

Court: Court of Appeals of Georgia

Date published: Nov 15, 1972

194 S.E.2d 258 (Ga. Ct. App. 1972)

194 S.E.2d 258

Opinion

47566.

ARGUED OCTOBER 2, 1972.

DECIDED NOVEMBER 15, 1972.

Appellate procedure. Cobb Superior Court. Before Judge Hames.

Virgil C. Spence, for appellant.

Custer, Smith Manning, Donald D. Smith, for appellees.

STOLZ, Judge.

The Superior Court of Cobb County sustained the motion to dismiss and the motion to quash service of the defendant, Per Corporation, on March 1, 1972. The plaintiff obtained a certificate of immediate review on March 9, 1972, and filed its notice of appeal on April 6, 1972. Held:

The notice of appeal must be filed within 30 days after entry of an appealable judgment ( Code Ann. § 6-803 (a); Ga. L. 1965, pp. 18, 21, as amended), unless the time is extended by the trial judge. Code Ann. § 6-804 (Ga. L. 1965, pp. 18, 21). There was no extension of time sought or granted in this case.

Failure to file notice of appeal within the time required, is a statutory ground for dismissal. Code Ann. § 6-809 (b) (1) (Ga. L. 1965, pp. 18, 29, as amended). See Jordan v. Caldwell, 229 Ga. 343, 344 ( 191 S.E.2d 530); Associated Builders Supply v. Georgia-Pacific Corp., 123 Ga. App. 222 ( 180 S.E.2d 273); Bailey v. Bonaparte, 125 Ga. App. 512 ( 188 S.E.2d 119).

Therefore, the defendant's motion to dismiss the appeal is granted.

Appeal dismissed. Bell, C. J., and Evans, J., concur.

ARGUED OCTOBER 2, 1972 — DECIDED NOVEMBER 15, 1972.