Ingle v. Rubenstein

Frankum, Judge.

The second ground of the motion to dismiss is obviously without merit under the provisions of Code Ann. § 6-1301. It does not affirmatively appear that the delay was caused by any act or omission of counsel for plaintiff in error, and, therefore, this ground is without merit. Smith v. Barnett, 107 Ga. App. 849 (1) (132 SE2d 139).

The first ground presents a somewhat more complex question which, upon study, discloses an apparent conflict or hiatus in the law. The case was tried in the Juvenile Court of Richmond County, and the order and judgment appealed from was rendered by one…