Rozier v. DAVIS/SMITH MORTGAGE CORPORATION

Benham, Judge.

This appeal is from a consent judgment entered in a dispossessory proceeding.

1. Appellee has filed three motions to dismiss the appeal. The first two motions to dismiss are denied inasmuch as appellant’s brief was timely filed in accordance with this court’s order. The third motion to dismiss, based upon the holding in Zorn v. Lamar, 71 Ga. 80 (1883), is also denied. In Zorn, the Georgia Supreme Court held that the writ of error will be dismissed in a case where the appellant consented to the judgment below. In light of the passage of OCGA § 5-6-48 which limits the grounds upon…