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Walker v. Harden
Citations: 129 Ga. App. 782; 201 S.E.2d 483; 1973 Ga. App. LEXIS 1152Docket: 48307
Court: Court of Appeals of Georgia; September 6, 1973; Georgia; State Appellate Court
The appellant sought judicial review of an administrative agency decision under the Administrative Procedure Act, specifically Code Ann. 3A-120, in the superior court. The appellant filed motions for judgment on the pleadings and for summary judgment, both of which were denied. The trial court did not issue a certificate for immediate review or direct appeal as per Code Ann. 6-701 (a, 2) or Code Ann. 81A-156 (h). Jurisdiction over the appeal was determined by the precedent set in Howell v. Harden, 129 Ga. App. 200 (198 SE2d 890), which established that the Civil Practice Act does not apply in judicial reviews of administrative agency decisions under the Administrative Procedure Act. Consequently, motions for judgment on the pleadings and summary judgment are deemed "functionless" in this context, rendering any rulings on such motions null and unappealable, even with a judge’s certificate. The appeal was ultimately dismissed, with Judges Deen and Quillian concurring.