Long v. Long
Court of Appeals of Georgia
1Opinion of the Court
Eberhardt, Judge.
The question arises as to whether the appeal must be dismissed because the original order sustaining the general demurrer was entered more than 30 days prior to the filing of the notice of appeal. If the motion to reconsider had not carried a prayer that the judgment be vacated and set aside this position might have merit. LeCraw v. L. P. D., Inc., 114 Ga. App. 281 (150 SE2d 927). But since there was a prayer to set the judgment aside, with a rule nisi thereon, we conclude that there was no final judgment from which an appeal could be entered until that motion was disposed…
2Cases cited9 opinions
- Van Dyke v. Van DykeSupreme Court of Georgia · 1904
- Thomas v. LambertSupreme Court of Georgia · 1939
- Parish v. ParishSupreme Court of Georgia · 1861
- Hood v. HoodSupreme Court of Georgia · 1915
- State Bank of Leesburg v. HatcherCourt of Appeals of Georgia · 1962
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3Cited by4 opinions
- Shepherd v. EppsCourt of Appeals of Georgia · 1986
- Comerford v. HurleyCourt of Appeals of Georgia · 1980
- Comerford v. HurleySupreme Court of Georgia · 1980
- Mitsubishi Motors Credit of America, Inc. v. SheridanCourt of Appeals of Georgia · 2007