Legal Opinion · Dissent

Leslie v. Williams

Court of Appeals of Georgia

Decided December 4, 1998No. A98A1508Published

1DissentBeasley, Judge

There is a remedy for failure to file a separate enumeration of errors but the majority’s reasoning does not overcome Leslie’s failure to file one, because under the current state of the court rules, without a separate enumeration this Court does not have jurisdiction.

OCGA § 5-6-48 (f) does not apply because there is no legally effective enumeration of errors at all; that subsection contemplates instances where an enumeration, which is a necessary part of the record, is filed. That subsection provides: “Where it is apparent from the notice of appeal, the record, the enumeration of errors, or…

2Cases cited10 opinions

  1. Lee v. StateSupreme Court of Georgia · 1995
  2. Windsor v. Southeastern Adjusters, Inc.Supreme Court of Georgia · 1965
  3. Napier v. NapierSupreme Court of Georgia · 1966
  4. Miles v. EmmonsCourt of Appeals of Georgia · 1998
  5. Lowery v. SmithSupreme Court of Georgia · 1969

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API