Costanzo v. Jones

I concur in Divisions 1 and 2 but I respectfully dissent from Division 3. In my opinion, defendant is entitled to enumerate error upon the judgment awarding damages even though he did not file a notice of appeal with respect to that judgment.

When an appeal is taken to our appellate courts, the appellant can assign error upon any ruling, order or judgment entered in the court below. Southeast Ceramics v. Klem, 246 Ga. 294, 295 (271 SE2d 199). See also Allen v. Rome Kraft Co., 114 Ga. App. 717, 718 (152 SE2d 618). It follows that we have jurisdiction to consider defendant’s enumeration of error…