Public-domain · open source
OpenJurist

194 Ga. App. 355

Human v. State

Court of Appeals of Georgia

Decided January 30, 1990

Court of Appeals of Georgia · decided 1990-01-30

Cited by 1 later decisions — most recently March 2012

Relies on State Farm Mutual Automobile Insurance Company v. Yancey

Good law ✅— No negative treatment on recordhow we know

Decided 1990-01-30

View the full empirical analysis of this case →

McMurray, Presiding Judge.

¶1The State of Georgia brought this action to condemn property used in violation of OCGA § 16-12-22. On February 14, 1989, the trial court entered a “final order” forfeiting the property pursuant to OCGA § 16-12-32. On February 27, 1989, appellant filed a motion to set aside the judgment attacking the “final order.” Following a hearing, the motion to set aside the judgment was denied on April 6, 1989. This is a direct appeal from the order denying the motion to set aside judgment. Held:

¶2Appeals from an order denying a motion to set aside a judgment must be taken by application in the nature of a petition. OCGA § 5-6-35 (a) (8). Accordingly, this direct appeal must be dismissed. See State Farm &c. Ins. Co. v. Yancey, 258 Ga. 802 (375 SE2d 39).

¶3Appeal dismissed.

Carley, C. J., and Beasley, J., concur.
/194/gaapp/355 · .json · Public domain