Botts v. Givens

Georgia Court of Appeals
Botts v. Givens, 476 S.E.2d 816 (1996)
223 Ga. App. 139; 96 Fulton County D. Rep. 3460; 1996 Ga. App. LEXIS 1053
McMurray, Beasley, Smith

Botts v. Givens

Opinion

McMurray, Presiding Judge.

Plaintiff Botts commenced this civil action against several individuals concerning the medical treatment he received as an inmate at the Hancock Correctional Institute. On June 12, 1996, the trial court granted summary judgment for some of the defendants and dismissed the action against the remaining defendants. Plaintiff then filed this direct appeal on July 8, 1996. Held:

Under OCGA § 42-12-8, appeals in all civil actions filed by prisoners now require the discretionary procedures set forth in OCGA § 5-6-35. Plaintiff’s failure to comply with those requisite discretionary procedures deprives this Court of the jurisdiction to consider the case. This appeal must be dismissed.

Appeal dismissed.

Beasley, C. J., and Smith, J., concur.

Reference

Full Case Name
BOTTS v. GIVENS Et Al.
Cited By
8 cases
Status
Published