Brumby v. State
Supreme Court of Georgia
1DissentBenham, Presiding Justice
We granted certiorari to determine whether the Court of Appeals erred in affirming the dismissal of this appeal by the trial court. The majority opinion reverses the Court of Appeals and I respectfully dissent because I am unwilling, when the requirements for appellate practice are clearly set out in statute and in case law, to require the appellate courts to participate in a game of “hide n’ go seek” to determine whether an appeal has viability.
Comparing appellant’s notice of appeal, set out in the majority opinion, with OCGA § 5-6-37, also set out in the majority opinion, five instances of…
2Cases cited3 opinions
- Ballew v. StateSupreme Court of Georgia · 1969
- Hicks v. StateCourt of Appeals of Georgia · 1970
- Fredericks v. StateCourt of Appeals of Georgia · 1983