section 6-803 motions enumerated (Georgia) · Go Syfert
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section 6-803 motions enumerated in Georgia

10 Georgia opinions name it 2 courts 1966–1982 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Adamson v. Adamsongreen
ga · 1970 · cited in 3 Georgia opinions naming this issue, 1976–1982
2 sentences

1982The appeal from the entry of summary judgment in favor of appellee is not timely since “a ‘motion for reconsideration’ of an order [disposing of a motion for] summary judgment is not included among those motions enumerated in Code Ann. § 6-803, supra, which automatically extend the filing date for a notice of appeal.” Adamson v. Adamson, 226 Ga. 719 ( 177 SE2d 241 ).

1982The appeal from the entry of summary judgment in favor of appellee is not timely since “a ‘motion for reconsideration’ of an order [disposing of a motion for] summary judgment is not included among those motions enumerated in Code Ann. § 6-803, supra, which automatically extend the filing date for a notice of appeal.” Adamson v. Adamson, 226 Ga. 719 ( 177 SE2d 241 ).

13
SHANNON COMPANY v. Heneveldgreen
gactapp · 1975 · cited in 2 Georgia opinions naming this issue, 1980–1982
2 sentences

1980This court also held in Shannon Co. v. Heneveld, 135 Ga. App. 252, 253 (2) ( 217 SE2d 424 ) that a motion to vacate and set aside a final judgment is not a motion included among those motions enumerated in Code Ann. § 6-803 (Ga. L. 1965, pp. 18, 21; 1966, pp. 493, 496; 1968, pp. 1072, 1077) which automatically extends the filing date of a notice of appeal to "within 30 days after the entry of the order granting, overruling or otherwise finally disposing of the motion." In both Ellis and Shannon above this court dismissed the appeal.

1980This court also held in Shannon Co. v. Heneveld, 135 Ga. App. 252, 253 (2) ( 217 SE2d 424 ) that a motion to vacate and set aside a final judgment is not a motion included among those motions enumerated in Code Ann. § 6-803 (Ga. L. 1965, pp. 18, 21; 1966, pp. 493, 496; 1968, pp. 1072, 1077) which automatically extends the filing date of a notice of appeal to "within 30 days after the entry of the order granting, overruling or otherwise finally disposing of the motion." In both Ellis and Shannon above this court dismissed the appeal.

12
Fastenberg v. Associated Distributors, Inc.green
gactapp · 1975 · cited in 2 Georgia opinions naming this issue, 1976–1978
2 sentences

1978Fastenberg v. Associated Distributors, 134 Ga. App. 213 ( 213 SE2d 898 ); Ellis v. Continental Ins.

1978Fastenberg v. Associated Distributors, 134 Ga. App. 213 ( 213 SE2d 898 ); Ellis v. Continental Ins.

12
Allanson v. Stategreen
ga · 1977 · cited in 1 Georgia opinions naming this issue, 1982–1982
2 sentences

1982See Allanson v. State, 239 Ga. 154 ( 236 SE2d 348 ) (1977); Adamson v. Adamson, 226 Ga. 719 ( 177 SE2d 241 ) (1970); Shannon Co. v. Heneveld, 135 Ga. App. 252 (2) ( 217 SE2d 424 ) (1975).

1982See Allanson v. State, 239 Ga. 154 ( 236 SE2d 348 ) (1977); Adamson v. Adamson, 226 Ga. 719 ( 177 SE2d 241 ) (1970); Shannon Co. v. Heneveld, 135 Ga. App. 252 (2) ( 217 SE2d 424 ) (1975).

11
Browning v. Europa Hair, Inc.green
gactapp · 1979 · cited in 1 Georgia opinions naming this issue, 1982–1982
2 sentences

1982See also Browning v. Europa Hair, Inc., 150 Ga. App. 480 ( 258 SE2d 234 ).

1982See also Browning v. Europa Hair, Inc., 150 Ga. App. 480 ( 258 SE2d 234 ).

11
Mayson v. Malonegreen
gactapp · 1970 · cited in 1 Georgia opinions naming this issue, 1976–1976
2 sentences

1976See Mayson v. Malone, 122 Ga. App. 814 (2) ( 178 SE2d 806 ) (1970).

1976See Mayson v. Malone, 122 Ga. App. 814 (2) ( 178 SE2d 806 ) (1970).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Williams v. Keebler green
ga · 1966
2 sentences

1976In all other instances, all motions, complaints or other proceedings to set aside or attack judgments shall be brought within three years from entry of the judgment complained of.” Williams v. Keebler, 222 Ga. 437 ( 150 SE2d 674 ) (1966), which pointed out that a motion to set aside is not included among the three motions enumerated in Code Ann. § 6-803 (a), was decided prior to the effective date of the Civil Practice Act.

1976In all other instances, all motions, complaints or other proceedings to set aside or attack judgments shall be brought within three years from entry of the judgment complained of.” Williams v. Keebler, 222 Ga. 437 ( 150 SE2d 674 ) (1966), which pointed out that a motion to set aside is not included among the three motions enumerated in Code Ann. § 6-803 (a), was decided prior to the effective date of the Civil Practice Act.

21975–1976
Groenendijk v. Groenendijk neutral
ga · 1970
2 sentences

1976It follows that the notice of appeal filed on May 22, 1970, from the judgment of the court of May 1, 1970, denying the 'motion for reconsideration’ of the judgment of March 24, 1970, is not timely.” Accord: Fastenberg v. Associated Distributors, 134 Ga. App. 213, 214 ( 213 SE2d 898 ); Groenendijk v. Groenendijk, 226 Ga. 800 ( 177 SE2d 686 ).

1976It follows that the notice of appeal filed on May 22, 1970, from the judgment of the court of May 1, 1970, denying the 'motion for reconsideration’ of the judgment of March 24, 1970, is not timely.” Accord: Fastenberg v. Associated Distributors, 134 Ga. App. 213, 214 ( 213 SE2d 898 ); Groenendijk v. Groenendijk, 226 Ga. 800 ( 177 SE2d 686 ).

21975–1976
Robinson v. Carswell neutral
gactapp · 1978
2 sentences

1981Robinson v. Carswell, 147 Ga. App. 521 ( 249 SE2d 331 ) (1978).

1981Robinson v. Carswell, 147 Ga. App. 521 ( 249 SE2d 331 ) (1978).

11981–1981
Azar v. Westview Cemetery, Inc. green
gactapp · 1975
1 sentence

1976Azar v. Westview Cemetery, 134 Ga. *505 App. 682 ( 215 SE2d 719 ) (1975), appears to have been correctly decided when it is understood that the motion there denominated by plaintiffs as a motion to set aside was not based upon Code Ann. § 81A-160 (d) but was in fact merely a motion for reconsideration.

11976–1976
Young v. Young green
ga · 1971
2 sentences

1975Williams v. Keebler, 222 Ga. 437 ( 150 SE2d 674 ); Young v. Young, 227 Ga. 570 (2) (181 SE2d 867); Fastenberg v. Assoc.

1975Williams v. Keebler, 222 Ga. 437 ( 150 SE2d 674 ); Young v. Young, 227 Ga. 570 (2) (181 SE2d 867); Fastenberg v. Assoc.

11975–1975
Interstate Fire Insurance Company v. Chattam green
ga · 1966
1 sentence

1966Co. v. Chattam, 222 Ga. 436 ; (2) the instant appeal is not timely since a motion to-set aside is not included among those motions enumerated in Code Ann. § 6-803 which automatically extend the filing date for a notice of appeal.

11966–1966

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