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259 Ga. 88

Smith v. Hobbs

Supreme Court of Georgia

Decided March 15, 1989

Supreme Court of Georgia · decided 1989-03-15

Cited by 1 later decisions — most recently March 2012

1 state decisions

Key passage — most relied on by later courts

“[o]nly if the [trial] court's dismissal of the notice of appeal is overturned could any question dealing with title to land be brought to an appellate court.”

quoted by 1 later decision, including Boyd v. JohnGalt Holdings, LLC

“[i]t is not what is in the complaint before the trial court that determines this Court's jurisdiction, but the issues on appeal.”

quoted by 1 later decision, including Boyd v. JohnGalt Holdings, LLC

Relies on Hatfield v. Great American Management & Investment, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1989-03-15

View the full empirical analysis of this case →

Per curiam.

¶1The appellants, B. W. and Betty L. Smith, petitioned the Superior Court of Harris County to obtain a clear, marketable title to property pursuant to OCGA § 23-3-60. A special master was appointed and his findings were adopted by the superior court. The appellants filed a motion to set aside the findings of the special master and/or for a rehearing. That motion was denied on June 28, 1988. The appellants filed a notice of appeal on December 19, 1988. The appellees filed a motion to dismiss the appeal and the appeal was dismissed on January 30, 1989. The trial judge found that there was no justifiable reason for the delay in filing the notice of appeal. The appellants now seek to appeal the order dismissing their late notice of appeal.

¶2In a recent case that we transferred to the Court of Appeals we stated:

Only if the court’s dismissal of the notice of appeal ... is overturned . . . could any question dealing with [title to land] be brought to an appellate court. It is not what is in the complaint before the trial court that determines this Court’s jurisdiction, but the issues on appeal.

¶3Hatfield v. Great American Mgt. & Investment, 258 Ga. 640 (373 SE2d 367) (1988).

¶4Case transferred.

All the Justices concur, except Gregory, J., who concurs in the judgment only.
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