Arnold v. DeKalb Cnty., 233 S.E.2d 273 (Ga. Ct. App. 1977). · Go Syfert
Arnold v. DeKalb Cnty., 233 S.E.2d 273 (Ga. Ct. App. 1977). Cases Citing This Book View Copy Cite
11 citation events (2 in the last 25 years) across 2 distinct courts.
Cited for
141 Ga. App. at 316 Limitation on filing amendments after court ruling2 citing casesNovember 5,1976, subsequent to the entering of the order on October 15, 1976, denying the motion for new trial. Appellant’s attorney sought to correct this…opening of page *316 (no citing court says what it cites this page for)
  • Sheehan v. Sheehan, 260 S.E.2d 77 (Ga. 1979).published
    Such an order "cannot be used to correct the failure to comply with the mandatory requirements of the Appellate Practice Act.” Blackstone v. State, 131 Ga. App. 666 ( 206 SE2d 553 ) (1974); Arnold v. DeKalb County, 141 Ga. App. 315, 316 (…
  • Johnny Morgan v. State, No. A18A0483 (Ga. Ct. App. June 4, 2018).published 2 cites
    See Arnold v. DeKalb County, 141 Ga. App. 315, 316 (2) ( 233 SE2d 273 ) (1977).
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
ARNOLD
v.
DeKALB COUNTY
53391.
Court of Appeals of Georgia.
Feb 17, 1977.
Published opinion
233 S.E.2d 273
1977 Ga. App. LEXIS 1889
Billard & Shearer, George P. Billard, for appellant., Harvey, Willard & Elliott, Wendell K. Willard, for appellee.
Been, Marshall, Webb.
Cited by 6 opinions  |  Published
Webb, Judge.

1. Appellant contends that since the Supreme Court has now ruled in White v. Ga. Power Co., 237 Ga. 341, 343 (227 SE2d 385) (1976) that it is the duty of the fact finder to determine whether attorney fees and reasonable and necessary expenses of litigation should be paid by the condemnor to the condemnee as a part of just and adequate compensation, it was error for the trial court to refuse to grant his motion for new trial seeking to recover attorney fees and costs of litigation. Recovery for these items was not sought by the appellant upon the trial. [1] Moreover, there is no evidence in the transcript before us to show that he would have been entitled to such expenses. "A motion for new trial goes only to the verdict and reaches only such errors of law and fact as contributed to the rendition of the verdict; and therefore errors committed by the court in the rendition of a decree or judgment can not be reached by a motion for a new trial.” Herz v. Claflin Co., 101 Ga. 615 (5) (29 SE 33) (1897); Ray v. Woods, 93 Ga. App. 763, 764 (92 SE2d 820) (1956); Smith v. Smith, 224 Ga. 689, 691 (3) (164 SE2d 225) (1968). This enumeration does not complain of any error of fact or law that contributed to the verdict rendered.

2. Enumerations 3 and 4 involve grounds of appellant’s motion for new trial which were submitted on[*316] November 5,1976, subsequent to the entering of the order on October 15, 1976, denying the motion for new trial. Appellant’s attorney sought to correct this deficiency by having the court sign a nunc pro tunc order allowing the filing of these amendments as of October 14, 1976. Code Ann. § 70-301, however, clearly requires that amendments to a motion for new trial must be filed prior to the court’s ruling thereon, and this court has held that "[a] nunc pro tunc entry cannot be used to correct the failure to comply with the mandatory requirements of the Appellate Practice Act.” Blackstone v. State, 131 Ga. App. 666 (206 SE2d 553) (1974)." 'A nunc pro tunc entry cannot supply non-action,’ Sikes v. Charlton County, 103 Ga. App. 251, 257 (119 SE2d 59), either of the court, of counsel or of a party.” Baxter v. Long, 122 Ga. App. 500, 501 (4) (177 SE2d 712) (1970).

Submitted February 15, 1977 Decided February 17, 1977. Billard & Shearer, George P. Billard, for appellant. Harvey, Willard & Elliott, Wendell K. Willard, for appellee.

3. Appellant enumerates as error the denial of his motion for new trial on the three general grounds. His argument, however, is confined to an alleged erroneous charge of the court and this enumeration is therefore deemed abandoned under Rule 18 (c) (2) of this court. (Code Ann. § 24-3618).

Judgment affirmed.

Been, P. J., and Marshall, J., concur.
1

The instant case went to trial on March 3,1976, and the White decision was not handed down until July 15, 1976. Appellant amended his motion for new trial to add this ground on July 21, 1976.