Roper v. Motors Insurance

Quillian, Judge.

Appeal was taken from an order denying the plaintiffs motion for imposition of attorney fees incurred by the plaintiff in resisting the defendant’s motion for new trial and appeal to this court. See Motors Ins. Corp. v. Roper, 136 Ga. App. 224 (221 SE2d 55). This judgment was entered on December 10,1975. At that time this case was pending on certiorari to the Supreme Court. Held:

"Once a final judgment is entered, from which a party files a notice of appeal and pays all costs there is an automatic supersedeas which deprives the trial court of *789jurisdiction to modify or alter the…