Legal Opinion

G. M. J. v. State

Court of Appeals of Georgia

Decided November 21, 1973No. 28024Published

1Opinion of the Court

Eberhardt, Presiding Judge.

If, as we conclude to be the case, this appeal was entered prematurely it must be dismissed. Code Ann. § 6-809 (b) (2). Where the appeal is premature this court lacks jurisdiction to entertain it. Black v. Miller, 113 Ga. App. 10 (147 SE2d 57).

Although there is no motion to dismiss before us, it is not only the right but the duty of this court to raise and determine the question of our jurisdiction where there can be any doubt as to it. Drury v. City of Woodbine, 96 Ga. App. 158 (99 SE2d 550), and citations. If we have no jurisdiction it can not be conferred by a…

2Cases cited21 opinions

  1. Gibson v. HodgesSupreme Court of Georgia · 1966
  2. Interstate Fire Insurance Company v. ChattamSupreme Court of Georgia · 1966
  3. Williams v. KeeblerSupreme Court of Georgia · 1966
  4. Blakely Hardwood Lumber Co. v. Reynolds Bros. Lumber Co.Supreme Court of Georgia · 1931
  5. Hurst v. StarrSupreme Court of Georgia · 1970

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