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Lawskills.com Georgia Caselaw
SEATON v. REDISCO, INC.
41820.
EBERHARDT, Judge.
Appellate procedure. DeKalb Civil and Criminal Court. Before Judge Morgan.
1. The record discloses that the notice of appeal was filed November 15, 1965, and that the judgment appealed from was entered October 13, 1965. "A notice of appeal shall he filed within 30 days after entry of the appealable decision or judgment complained of . . ." Code Ann. 6-803 (Ga. L. 1965, p. 18, 5).
2. The judgment appealed from is one sustaining a general demurrer to defendant-appellant's answer and cross action, and is not an appealable judgment. Code Ann. 6-701 (a) (1) (Ga. L. 1965, p. 18, 1 (a) (1)); Birdwell v. Pippen, 113 Ga. App. 202 (147 SE2d 673).
The appeal must be dismissed. Code Ann. 6-809 (13) (1, 2).
Lewis, Lewis & Cagle, Robert W. Cagle, for appellee.
J. E. B. Stewart, for appellant.
SUBMITTED FEBRUARY 9, 1966 -- DECIDED MARCH 3, 1966.
Monday October 13 08:17 CDT


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