Narrative Opinion Summary
Plaintiff's motion for summary judgment was granted on April 27, 1976. The defendant subsequently filed a motion for a new trial on May 26, 1976, which was denied on June 23, 1976. The defendant then filed a notice of appeal on the same day. The plaintiff moved to dismiss this appeal. The court held that a motion for new trial cannot be used to challenge the grant of summary judgment, making such a motion invalid for extending the notice of appeal filing period under Code Ann. 6-803. Consequently, the appeal was dismissed, with Judges Clark and Stolz concurring.
Legal Issues Addressed
Dismissal of Appeal Due to Untimely Filingsubscribe to see similar legal issues
Application: The appeal was dismissed because the defendant's notice of appeal was filed after the deadline, which was not extended by the motion for a new trial.
Reasoning: Consequently, the appeal was dismissed, with Judges Clark and Stolz concurring.
Invalidity of Motion for New Trial to Extend Appeal Periodsubscribe to see similar legal issues
Application: The court determined that a motion for a new trial is not a valid method to challenge a summary judgment and does not extend the filing period for a notice of appeal.
Reasoning: The court held that a motion for new trial cannot be used to challenge the grant of summary judgment, making such a motion invalid for extending the notice of appeal filing period under Code Ann. 6-803.