Legal Opinion
State Farm Mutual Automobile Insurance Company v. Yancey
Supreme Court of Georgia
Decided January 12, 1989No. 46124PublishedCited by 21 opinions
1Opinion of the Court
Smith, Justice.
We granted certiorari in State Farm Mut. Auto. Ins. Co. v. Yancey, 188 Ga. App. 8 (371 SE2d 883) (1988) to determine whether or not Southeast Ceramics v. Klem, 246 Ga. 294 (271 SE2d 199) (1980) 1 controls this case. We hold that it does not, and we affirm.
When a trial court denies a motion for new trial, a direct appeal is authorized; however, when a trial court denies a motion to set aside a judgment, a discretionary application must be filed. OCGA § 5-6-35 (a) (8). The issue raised by this case is whether the application procedure can be circumvented by filing a direct appeal…
2Cases cited2 opinions
- Southeast Ceramics, Inc. v. KlemSupreme Court of Georgia · 1980
- State Farm Mutual Automobile Insurance Company v. YanceyCourt of Appeals of Georgia · 1988
3Cited by21 opinions
- Fabe v. FloydCourt of Appeals of Georgia · 1991
- Rolleston v. HuiteCourt of Appeals of Georgia · 1990
- Martin v. WilliamsSupreme Court of Georgia · 1994
- Oglethorpe Power Corp. v. SheriffCourt of Appeals of Georgia · 1993
- TMS Insurance Agency, Inc. v. GallowayCourt of Appeals of Georgia · 1992
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