lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
BROWN v. RUTLEDGE.
S93A0900.
PER CURIAM.
Brown sued Rutledge in the Magistrate Court of Clayton County. After the magistrate court dismissed his complaint, Brown appealed to the State Court of Clayton County. The State Court granted summary judgment to Rutledge. The Court of Appeals dismissed Brown's application for discretionary appeal "inasmuch as there is a direct right of appeal from the grant of summary judgment." Brown v. Rutledge, Case No. A92D0374 (Ct. App. Oct. 28, 1992). This court granted Brown's petition for certiorari.
We reverse the holding of the Court of Appeals. OCGA 5-6-35 (a) (11) provides that appeals from the "decisions of the state courts reviewing the decisions of magistrate courts by de novo proceedings" shall be made by application for discretionary appeal. It is immaterial in this instance that Brown's appeal was from the grant of a summary judgment. We, therefore, remand the case to the Court of Appeals for consideration of the application for appeal on its merits.
William C. Drosky, for appellee.
Leonard B. Brown, Jr., pro se.
DECIDED SEPTEMBER 20, 1993 -- RECONSIDERATION DENIED OCTOBER 28, 1993.
Saturday May 23 21:42 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com