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CALVERT ENTERPRISES, INC. et al. v. AMERICAN MEDICAL INTERNATIONAL, INC. et al.
A93A0945.
BLACKBURN, Judge.
Motion for new trial. Spalding Superior Court. Before Judge Miller.
The appellants operated an in-house collection agency at the Griffin-Spalding County Hospital prior to the sale of that hospital to some of the appellees. The appellants subsequently purchased the collection agency from those appellees. This action arose out of a dispute over the right to certain collections received by the appellees.
On February 14, 1992, the trial court entered summary judgment in favor of all the appellees. On March 13, 1992, the appellants filed a motion for new trial and noticed the same for hearing on June 26, 1992. No notice of appeal from the grant of summary judgment was filed.
On April 27, 1992, in response to a motion to dismiss filed by the appellees, the appellants filed a motion requesting the trial court to treat the motion for new trial as a request for extension of time to file a notice of appeal. On May 26, 1992, the appellants filed an amended motion for new trial, and named it a motion to set aside the summary judgment.
"A motion for new trial is not the proper vehicle to obtain a reexamination of the grant of summary judgment and a motion so filed has no validity and will not extend the filing date of a notice of appeal within the intent and meaning of [OCGA 5-6-38]." Shine v. Sportservice Corp., 140 Ga. App. 355 (231 SE2d 130) (1976). In the instant case, no notice of appeal was ever filed by the appellants until June 26, 1992, well beyond the 30-day time period required by OCGA 5-6-38. Accordingly, the trial court properly dismissed the appellants' appeal.
Alston & Bird, Robert P. Riordan, W. Scott Mayfield, Ruth H. Gershon, Smalley & Cogburn, Robert H. Smalley, Jr., McGarity Law Offices, R. Nathan Langford, for appellees.
Mullins & Whalen, Nancy A. Bradford, for appellants.
DECIDED APRIL 12, 1993 -- RECONSIDERATION DENIED APRIL 21, 1993 -- CERT. APPLIED FOR.
Saturday May 23 21:19 EDT


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