Georgia Court of Appeals, 1996

Botts v. Givens

Botts v. Givens
Georgia Court of Appeals · Decided October 1, 1996 · McMurray, Beasley, Smith
476 S.E.2d 816; 223 Ga. App. 139; 96 Fulton County D. Rep. 3460; 1996 Ga. App. LEXIS 1053 (South Eastern Reporter, Second Series)

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.

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