Dunn v. LOCKHEED-GEORGIA COMPANY

143 Ga. App. 66 (1977)

237 S.E.2d 531

DUNN v. LOCKHEED-GEORGIA COMPANY.

54233.

Court of Appeals of Georgia.

Submitted July 7, 1977.

Decided July 12, 1977.

Rehearing Denied July 27, 1977.

Charles E. Price, for appellant.

Awtrey, Parker, Risse, Mangerie & Brantley, Dana L. Jackel, for appellee.

DEEN, Presiding Judge.

Summary judgment was granted to the defendant on December 7, 1976. A motion for new trial was filed by the plaintiff on December 17, and denied on January 20, *67 1977. The notice of appeal was filed February 18, 1977.

Since the notice of appeal is not timely filed to the summary judgment, and a motion for new trial will not toll the time of appealing from this judgment (Shine v. Sportservice Corp., 140 Ga. App. 355 (231 SE2d 130); Buchanan v. James, 134 Ga. 475 (1) (68 SE 72)), the appellee's motion to dismiss this appeal is granted.

Appeal dismissed. Webb and Marshall, JJ., concur.