Seaton v. Redisco, Inc.

Full title: SEATON v. REDISCO, INC

Court: Court of Appeals of Georgia

Date published: Mar 3, 1966

147 S.E.2d 828 (Ga. Ct. App. 1966)

147 S.E.2d 828

Opinion

41820.

SUBMITTED FEBRUARY 9, 1966.

DECIDED MARCH 3, 1966.

Appellate procedure. DeKalb Civil and Criminal Court. Before Judge Morgan.

J. E. B. Stewart, for appellant.

Lewis, Lewis Cagle, Robert W. Cagle, for appellee.

EBERHARDT, Judge.

1. The record discloses that the notice of appeal was filed November 15, 1965, and that the judgment appealed from was entered October 13, 1965. "A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of . . ." Code Ann. § 6-803 (Ga. L. 1965, p. 18, § 5).

2. The judgment appealed from is one sustaining a general demurrer to defendant-appellant's answer and cross action, and is not an appealable judgment. Code Ann. § 6-701 (a) (1) (Ga. L. 1965, p. 18, § 1 (a) (1)); Birdwell v. Pippen, 113 Ga. App. 202 ( 147 S.E.2d 673).

The appeal must be dismissed. Code Ann. § 6-809 (b) (1, 2).

Appeal dismissed, Bell, P. J., and Jordan, J., concur.

SUBMITTED FEBRUARY 9, 1966 — DECIDED MARCH 3, 1966.