Georgia Court of Appeals, 1966

Seaton v. Redisco, Inc.

Georgia Court of Appeals · Decided March 3, 1966 · Eberhardt, Bell, Jordan

147 S.E.2d 828; 113 Ga. App. 256; 1966 Ga. App. LEXIS 1032 (South Eastern Reporter, Second Series)

Opinion

Eberhardt, Judge.

1. The record,discloses.that the notice of appeal was filed November 15, 1965, and that the judgment *257 appealed from was entered October 13, 1965. “A notice of appeal shall be filed within 30 days after entry of the appeal-able decision or judgment complained of . . .” Code Ann. § 6-803 (Ga. L. 1965, p. 18, § 5).

Submitted February 9, 1966 Decided March 3, 1966. J. E. B. Stewart, for appellant. Lewis, Lewis &, Cagle, Robert W. Cagle, for appellee.

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 (b) (1, 2).

Appeal dismissed.

Bell, P. J., and Jordan, J., concur.

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