Hurst v. Starr

HURST v. STARR Et Al.

Hurst v. Starr, 172 S.E.2d 604 (Ga. 1970)

Court: Supreme Court of Georgia · State Highest Courts
Decided: January 8, 1970
Docket: No. 25573
Judges: Grice
Citations: 172 S.E.2d 604226 Ga. 421970 Ga. LEXIS 423

Opinion — Grice

Grice, Justice.

The notice of appeal in this ejectment case recites that it is from the order of the court sustaining the appellees’ motion for a directed verdict against the appellant and the verdict thereafter, on the same date, rendered at the direction of the court. The subsequent judgment, based upon such verdict and awarding the property to the appellees, was not appealed.

The appellant has filed a motion to dismiss the appeal, which alleges, insofar as material here, that appellant’s notice of appeal fails to set forth a judgment, ruling or order entitling appellant to take an appeal.

This motion is meritorious.

This court has held that the verdict of a jury is not an appeal-able judgment under the Appellate Practice Act of 1965 (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073;

Code Ann.

§ 6-701).

Gibson v. Hodges, 221 Ga. 779 ( 147 SE2d 329 );

Interstate Fire Ins. Co. v. Chattam, 222 Ga. 436 ( 150 SE2d 618 );

Williams v. Keebler, 222 Ga. 437 ( 150 SE2d 674 ). Whether the verdict resulted from direction, as here, or was by deliberation is of no decisive consequence.

Neithej is the sustaining of a motion for directed verdict an appealable judgment under any of the provisions of said Act. The decisions just cited as to nonappealability of the verdict itself apply here also.

Appeal dismissed.

All the Justices concur.

How later courts describe this case

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

Cited by 20 cases

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Relies on it most ⓘ

Steele v. Cincinnati Insurance Company311 S.E.2d 470 (Ga. 1984)
Smith v. Sorrough177 S.E.2d 246 (Ga. 1970)
Seaton v. Aetna Casualty & Surety Co.376 S.E.2d 712 (Ga. Ct. App. 1988)
Sorrough v. Smith178 S.E.2d 922 (Ga. Ct. App. 1970)
Johnson v. Daniel219 S.E.2d 579 (Ga. Ct. App. 1975)
G. M. J. v. State203 S.E.2d 608 (Ga. Ct. App. 1973)

Most recent

Seaton v. Aetna Casualty & Surety Co.376 S.E.2d 712 (Ga. Ct. App. 1988)
Boatright v. Sunshine Toyota, Inc.339 S.E.2d 275 (Ga. Ct. App. 1985)
Horton v. Allstate Insurance320 S.E.2d 761 (Ga. Ct. App. 1984)
Steele v. Cincinnati Insurance Company311 S.E.2d 470 (Ga. 1984)
Steele v. Cincinnati Insurance Company307 S.E.2d 44 (Ga. Ct. App. 1983)
Johnson v. Daniel219 S.E.2d 579 (Ga. Ct. App. 1975)

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 3

Depth	Case	Cited by
	Gibson v. Hodges, 147 S.E.2d 329 (Ga. 1966)	36
	Williams v. Keebler, 150 S.E.2d 674 (Ga. 1966)	26
	Interstate Fire Ins. Co. v. Chattam, 150 S.E.2d 618 (Ga. 1966)	23

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