Shine v. Sportservice Corporation

Bell, Chief Judge. Plaintiffs motion for summary judgment was granted on April 27, 1976. On May 26, 1976, defendant filed a motion for new trial which was denied on June 23, 1976. A notice of appeal from the judgment of June 23, 1976 was filed by defendant on June 23, 1976. Plaintiff has moved to dismiss the appeal. Held: A motion for new trial is not the proper vehicle to obtain a re-examination of the grant of summary judgment and a motion so filed has no validity and will not extend the filing date of a notice of appeal within the intent and meaning of Code Ann. § 6-803. See Code § 70-301 and Buchanan v. James, 134 Ga. 475 (1) (68 SE 72). Appeal dismissed. Clark and Stolz, JJ., concur. *356 Submitted November 1, 1976 Decided November 5, 1976. Arthur P. Tranakos, for appellant. Powell, Goldstein, Frazer & Murphy, James H. Reaten, Daniel M. Coursey, Frank Mays Hull, for appellee.