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237 Ga. App. 698

Chambers v. Abellana

Court of Appeals of Georgia

Decided April 8, 1999

Court of Appeals of Georgia · decided 1999-04-08

Cited by 1 later decisions — most recently June 2012

1 state decisions

Relies on 223 Ga. App. 139 - Botts v. Givens · 225 Ga. App. 478 - Serpentfoot v. Salmon · 190 Ga. App. 734 - Boyle v. State of Georgia

Good law ✅— No negative treatment on recordhow we know

Decided 1999-04-08

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McMURRAY, Presiding Judge.

¶1Donovan Chambers, an inmate at Macon State Prison, Oglethorpe, Georgia, appearing pro se, filed this appeal from the trial court’s order granting Dr. Max Abellana’s motion for summary judgment in this medical malpractice action. Held:

¶2“The Prison Litigation Reform Act of 1996 provides that (a)ppeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35.’ OCGA § 42-12-8.” Serpentfoot v. Salmon, 225 Ga. App. 478 (483 SE2d 927). The case sub judice is subject to this provision because appellant Chambers filed his notice of appeal while a prisoner. See OCGA § 42-12-3 (4). Since appellant Chambers has not followed the discretionary appeal procedure provided in OCGA § 5-6-35, we have no jurisdiction to consider this appeal. Botts v. Givens, 223 Ga. App. 139 (476 SE2d 816); Boyle v. State of Ga., 190 Ga. App. 734 (380 SE2d 57). Accordingly, we must dismiss appellant Chambers’ appeal.

¶3Appeal dismissed.

Andrews and Ruffin, JJ, concur.
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