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Lawskills.com Georgia Caselaw
HUMAN v. STATE OF GEORGIA
A89A2010.
Appeal dismissal. Bartow Superior Court. Before Judge Pope.
MCMURRAY, Presiding Judge.
The State of Georgia brought this action to condemn property used in violation of OCGA 16-12-22. On February 14, 1989, the trial court entered a "final order" forfeiting the property pursuant to OCGA 16-12-32. On February 27, 1989, appellant filed a motion to set aside the judgment attacking the "final order." Following a hearing, the motion to set aside the judgment was denied on April 6, 1989. This is a direct appeal from the order denying the motion to set aside judgment. Held:
Appeals from an order denying a motion to set aside a judgment must be taken by application in the nature of a petition. OCGA 5-6-35 (a) (8). Accordingly, this direct appeal must be dismissed. See State Farm &c. Ins. Co. v. Yancey, 258 Ga. 802 (375 SE2d 39).
Darrell E. Wilson, District Attorney, Lisa W. Pettit, Assistant District Attorney, for appellee.
Weaver & Weaver, George W. Weaver, Brenda S. Weaver, for appellant.
DECIDED JANUARY 30, 1990.
Saturday May 23 19:56 EDT


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