State Highway Department v. Hicks

Ebbrhardt, Judge.

Appellee, relying on Davis v. Davis, 222 Ga. 579 (151 SE2d 123), moved to dismiss the appeal because the transcript of evidence was not filed within 30 days after the filing of the notice of appeal, no extension of time having been obtained from the trial court. We noted the 1967 amendment to the Appellate Practice Act (Ga. L. 1967, p. 220 et seq.), which would change the rule announced in that case and proceeded to deny the motion and decide the case on its merits. However, on motion for rehearing appellee urged the invalidity of the amendment because it carried no enacting…