Legal Opinion
James v. Seritt
Court of Appeals of Georgia
Decided May 21, 1970No. 45317PublishedCited by 3 opinions
1Opinion of the Court
Ebbrhardt, Judge.
No enumeration of errors or brief was filed in this case, and appellee has moved to assess damages under Code § 6-1801 because the appeal was for delay.
There is serious question as to whether this court has any jurisdiction, since it has been held that the filing of the enumeration of errors is essential to the completion of the appeal. DeFee v. Williams, 224 Ga. 354 (162 SE2d 440).
Further, where there has been a dismissal in the appellate court an assessment of damages is not made. Jones v. Poole, 5 Ga. App. 113 (3) (62 SE 711). Nor can damages be recovered in the trial…
2Cases cited4 opinions
- First American Acceptance Corp. v. WheatSupreme Court of Georgia · 1961
- DeFee v. WilliamsSupreme Court of Georgia · 1968
- Jones v. PooleCourt of Appeals of Georgia · 1908
- Collins v. TurnerSupreme Court of Georgia · 1850
3Cited by3 opinions
- Miller v. Bank of the South, N.A.Court of Appeals of Georgia · 1985
- Rich v. McDonald Car & Truck Leasing, Inc.Court of Appeals of Georgia · 1986
- King v. GosdinCourt of Appeals of Georgia · 1984