Minnich v. First National Bank of Atlanta

Banke, Judge.

Appellant appeals the dismissal of his motion for a new trial for lack of jurisdiction. The issue is whether the motion was timely filed.

The final judgment in the case was signed by the trial judge on August 14, 1979, and was marked filed in the clerk’s office on August 15, 1979. Appellant filed his motion for new trial on September 14,1979. However, at the hearing on the motion, counsel for appellee testified that after the order was signed on the 14th of August, he immediately took it to the office of the "calendar clerk,” which was located a floor above the office of the clerk…