Legal Opinion · Concurrence

American Medical Security Group, Inc. v. Parker

Supreme Court of Georgia

Decided July 7, 2008No. S07G1388Published

1ConcurrenceBeNHAM, Justice

I concur in the majority’s affirmance of the Court of Appeals’ dismissal of the second notice of appeal filed by appellants. I write separately to point out that, by necessity, the lengthy and complex majority opinion has but one reason for its existence — the trial court’s dismissal of the first notice of appeal. While the appeal before us is not in a posture to address the issue, I question the trial court’s authority to dismiss a notice of appeal on the ground that the order being appealed is not subject to direct appeal. OCGA § 5-6-48 sets out the grounds for dismissal of an appeal.…

2Cases cited13 opinions

  1. Gilman Paper Company v. JamesSupreme Court of Georgia · 1975
  2. Young v. Climatrol Southeast Distributing Corp.Supreme Court of Georgia · 1976
  3. Castleberry's Food Co. v. SmithCourt of Appeals of Georgia · 1992
  4. Sellers v. NodvinSupreme Court of Georgia · 1992
  5. Riley v. StateSupreme Court of Georgia · 2006

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