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Lawskills.com Georgia Caselaw
CAMP v. HAMRICK.
52211.
PANNELL, Presiding Judge.
Garnishment. Fulton Superior Court. Before Judge Etheridge.
The plaintiff seeks to appeal from the order of the trial court dismissing his garnishment proceeding. The record shows that the order of dismissal was filed with the clerk on December 2, 1975, and the notice of appeal was filed January 5, 1976. Under Code 6-803, the notice of appeal must be filed within 30 days after entry of the judgment complained of. The 30th day from the filing of the order of dismissal was January 1, 1976. That day was a holiday, so the time for filing was extended to January 2, 1976. See Code 102-102 (8).
Appellant filed an affidavit of the clerk of the superior court showing that the clerk's office was closed on January 2, 1976, from 8:30 a.m. until 10:40 a.m., and from 3:20 p.m. until 5:00 p.m. He contends that this variation in the normal office hours extended the time for filing to January 3, 1976. January 3 was a Saturday, so the time for filing would have been further extended to January 5, 1976. See Code 102-102 (8).
The affidavits filed by appellant in support of his motion to dismiss show that the clerk's office was open on January 2, 1976, for emergency filings only. The office was open from 10:40 a.m. to 3:20 p.m., and from 5:20 p.m. to 5:50 p.m. Notice that the office would be open on January 2, 1976 for emergency filing only was posted on the doors of the office of the clerk prior to December 15, 1975, and was published in the Fulton County Daily Report on December 29, 30, 31, 1975.
Appellant's notice of appeal was not filed within 30 days of entry of judgment. This court is without jurisdiction to review the judgment entered below because of appellant's failure to perfect its appeal pursuant to the Appellate Practice Act. Lewis & Sheron Enterprises, Inc. v. Great A & P Tea Co., Inc., 136 Ga. App. 910 (222 SE2d 659).
James C. Howard, Alston, Miller & Gaines, John A. Sibley, Bates Block, Robert B. Dodd, Jr., for appellee.
R. John Genins, for appellant.
ARGUED MAY 4, 1976 -- DECIDED MAY 17, 1976 -- REHEARING DENIED JUNE 15, 1976 -- CERT. APPLIED FOR.
Thursday December 4 11:39 CST


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