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Samuel Alton Brewton III v. James Thomas McKinley

Citation: Not availableDocket: A16A2022

Court: Court of Appeals of Georgia; January 18, 2017; Georgia; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals of the State of Georgia issued an order on January 19, 2017, regarding case A16A2022, Brewton v. McKinley. The trial court had previously denied the Defendant's (Appellant's) motion for summary judgment. The Court of Appeals initially granted the Defendant's application for discretionary appeal. However, after reviewing the entire case record, including four depositions and two oral arguments, the court determined that the application for appeal was granted in error. Consequently, the appeal is dismissed. The order is certified by the court clerk, confirming its accuracy and authenticity.

Legal Issues Addressed

Certification of Judicial Orders

Application: The court clerk certified the order, ensuring its accuracy and authenticity as part of the judicial process.

Reasoning: The order is certified by the court clerk, confirming its accuracy and authenticity.

Discretionary Appeal in Civil Cases

Application: The Court of Appeals initially granted the Defendant's application for discretionary appeal but later determined that this grant was made in error upon reviewing the case record.

Reasoning: The Court of Appeals initially granted the Defendant's application for discretionary appeal. However, after reviewing the entire case record, including four depositions and two oral arguments, the court determined that the application for appeal was granted in error.

Dismissal of Appeals

Application: Upon finding that the appeal was granted in error, the Court of Appeals dismissed the Defendant's appeal.

Reasoning: Consequently, the appeal is dismissed.