Legal Opinion · Concurrence

Ovestco Corp. v. Bowen

Court of Appeals of Georgia

Decided December 20, 1994No. A94A1161Published

1ConcurrenceMcMurray, Presiding Judge

Although I agree with the disposition of dismissing this appeal, I concur specially as it is my view that the trial court lost power (i.e., jurisdiction) to dismiss plaintiffs’ notice of appeal after the case was docketed in the Court of Appeals. See Turner v. Taylor, 179 Ga. App. 574 (1) (a) (346 SE2d 920); State v. Jackson, 188 Ga. App. 259 (1) (372 SE2d 823). This is not to say that I believe the issue raised in defendants’ motion to dismiss plaintiffs’ notice of appeal is dead. The Court of Appeals has inherent power to issue such orders as may be necessary to preserve jurisdiction of an…

2Cases cited2 opinions

  1. Turner v. TaylorCourt of Appeals of Georgia · 1986
  2. State v. JacksonCourt of Appeals of Georgia · 1988

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