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224 Ga. 139

160 S.E.2d 398

Benfield v. State

Supreme Court of Georgia

Decided March 7, 1968

Supreme Court of Georgia · decided 1968-03-07

Relies on Patterson v. Cotton States Mutual Insurance · Napier v. Napier · Windsor v. Southeastern Adjusters, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1968-03-07

How this case has been cited

Cited by 15 later decisions — most recently December 1998

2 federal appellate · 13 state decisions

701968197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mobley, Justice.

¶1 The appeal was docketed in this court on January 5, 1968. No enumeration of errors was filed until February 8, 1968. Ga. L. 1965, pp. 18, 29, § 14, as amended by Ga. L. 1965, pp. 240, 243 (Code Ann. § 6-810) requires that the enumeration of errors be filed at the time the brief is filed, which time is set by Rule 20 of this court at 10 days after the docketing of the case in this court. Under Rule 14, failure to file the enumeration of errors within the time specified in the rules for the filing of the brief may be deemed as failure to perfect the appeal. Rules of the Supreme Court, 221 Ga. 884. See Napier v. Napier, 222 Ga. 681 (151 SE2d 712). Assignments of error in a brief timely filed can not take the place of the required enumeration of errors. Windsor v. Southeastern Adjusters, Inc., 221 Ga. 329 (144 SE2d 739). No valid reason having been offered as to why the enumeration of errors was not timely filed, there was a failure to perfect the appeal within the meaning of Rule 14, and, accordingly, the appeal is

¶2 Dismissed.

All the Justices concur.
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