Supreme Court of Georgia, 1966

Walker v. Walker

Supreme Court of Georgia · Decided September 22, 1966 · Quillian

150 S.E.2d 635; 222 Ga. 521; 1966 Ga. LEXIS 536 (South Eastern Reporter, Second Series)

Opinion

Quillian, Justice.

The Appellate Practice Act of 1965, §§ 4 and 5 (Code Ann. §§ 6-802, 6-803; Ga. L. 1965, pp. 18, 20, 21, as amended, Ga. L. 1966, pp. 493, 495, 496), requires that an *522 appeal to be held valid must be taken from an appealable decision or judgment of the trial court. Where, as in this case, the record discloses there is no judgment of the trial court of the date and description of that appealed from, the requirement of the statute is not met. Gibson v. Hodges, 221 Ga. 779 (147 SE2d 329). The omission is fatal; the appeal must be

Submitted September 15,1966 Decided September 22, 1966. Stanley H. Nylen, for appellant. Mildred L. Kingloff, for appellee.

Dismissed.

All the Justices concur.

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