Hood v. General Shoe Corporation

HOOD v. GENERAL SHOE CORPORATION Et Al.

Hood v. Gen. Shoe Corp., 168 S.E.2d 326 (Ga. Ct. App. 1969)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: May 9, 1969
Docket: No. 44421
Judges: Pannell, Felton, Quillian
Citations: 168 S.E.2d 326119 Ga. App. 6491969 Ga. App. LEXIS 1199

Cited by 9

Opinion — Pannell

Pannell, Judge.

General Shoe Corporation, plaintiff in fi. fa., filed an appeal and Angie Hood, claimant, filed what she designated a cross appeal, which recited that claimant “files this her cross appeal and appeals to the Court of Appeals of Georgia from the order of the Superior Court of Houston County, Georgia, denying her motion for summary judgment filed as to her claim in this matter, said order and judgment of the court being dated February 19, 1969.” The only enumeration of error complains of the overruling of the motion for summary judgment. In its brief, the appellee suggests the dismissal of this case.

Held:

1. Treating the appeal as a direct appeal from the overruling of the motion for summary judgment (a proper certificate therefor having been obtained from the trial judge), the appeal is premature, the appeal having been filed one day before the judgment appealed from was entered. See Gibson v. Hodges, 221 Ga. 779 ( 147 SE2d 329 ).

2. Should we treat the appeal as a cross appeal we would be unable to pass upon the sole enumeration of error as the overruling of a motion for summary judgment may be reviewed only upon a direct appeal from that judgment. Section 25 of the Act of 1967 (Ga. L. 1967, pp. 226, 238;

Code Ann.

§ 81A-156 (h)) amending Section 56 (h) of the Civil *650 Practice Act of 1966, pp. 609, 660; and Section 1, Paragraph 4 of the Act of 1968 (Ga. L. 1968, pp. 1072, 1073;

Code Ann.

§ 6-701). The direct appeal from the judgment here overruling the motion for summary judgment being ineffective to give this court jurisdiction as shown in Division 1 of this opinion, we have no jurisdicton to review the sole enumeration of error on cross appeal.

Submitted April 7, 1969 Decided May 9, 1969.

Jones, Cork, Miller & Benton, Wallace Miller, Jr., for appellant.

R. T. Spencer, Henry G. Smith, Jr., for appellees.

3. Accordingly, the appeal must be dismissed.

Appeal dismissed.

Felton, C. J-, and Quillian, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

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State Appellate Courts9

Relies on it most ⓘ

Campbell v. Carroll174 S.E.2d 375 (Ga. Ct. App. 1970)
Home Indemnity Company v. Godley177 S.E.2d 105 (Ga. Ct. App. 1970)
John L. Hutcheson Memorial Tri-County Hospital v. Oliver171 S.E.2d 649 (Ga. Ct. App. 1969)
Georgia Farm Bureau Mutual Insurance v. Coleman174 S.E.2d 351 (Ga. Ct. App. 1970)
Skylark Enterprises, Inc. v. Marsh & McLennan, Inc.173 S.E.2d 421 (Ga. Ct. App. 1970)
Golsen v. Magbee Lumber Co.190 S.E.2d 104 (Ga. Ct. App. 1972)

Most recent

Golsen v. Magbee Lumber Co.190 S.E.2d 104 (Ga. Ct. App. 1972)
J. H. Ewing & Sons v. Montgomery186 S.E.2d 335 (Ga. Ct. App. 1971)
Stone v. Hall184 S.E.2d 502 (Ga. Ct. App. 1971)
American Bank v. Gray177 S.E.2d 208 (Ga. Ct. App. 1970)
Home Indemnity Company v. Godley177 S.E.2d 105 (Ga. Ct. App. 1970)
Georgia Farm Bureau Mutual Insurance v. Coleman174 S.E.2d 351 (Ga. Ct. App. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Gibson v. Hodges, 147 S.E.2d 329 (Ga. 1966)	36

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