Syms v. West., 234 Ga. App. 674, 507 S.E.2d 530 (1998)

Georgia Court Of Appeals, (October 08, 1998)

Docket number: A99A0170
DECIDED

MCMURRAY, Presiding Judge. - DECIDED
Permanent Link: http://vlex.com/vid/syms-v-west-20428225
Id. vLex: VLEX-20428225

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Summary:

Appeal dismissed. Andrews, C. J., and Ruffin, J., concur.

Citations:

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Supreme Court of Georgia - JONES v. TOWNSEND et al., 267 Ga. 489, 480 S.E.2.d 24

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Text:

Thurbert E. Baker, Attorney General, John C. Jones, Senior Assistant Attorney General, for appellee.

Leroy Syms, a prison inmate, filed this pro se tort action against Phillip R. West, a superior court judge, to recover court costs Syms was required to pay in another proceeding. On July 27, 1998, the action was dismissed because Syms failed to file a mandatory ante litem notice and because of Judge West's judicial immunity. Syms filed this direct appeal. Held:

Under OCGA 42-12-8, the discretionary appeal procedures are required in civil actions filed by inmates. Jones v. Townsend, 267 Ga. 489 (480 SE2d 24). Because of Syms' failure to comply with those requisite discretionary procedures, this appeal must be dismissed for lack of jurisdiction.

1998