Sayers v. Rothberg , 222 Ga. 626 ( 1966 )

Grice, Justice,

dissenting. I would deny the motion to dismiss the appeal. The taking of the procedural steps for removal of the cause to the Federal court suspended the jurisdiction of the State court until the case was remanded to it by the Federal court. When the case was remanded it stood as it did at the time of removal. See Allen v. Hatchett, 91 Ga. App. 571, 575-577 (86 SE2d 662). The judgments appealed from were rendered on December 1 and 8, 1965; the petition for removal to the Federal court was filed on December 20, 1965; the case was remanded to the State court on March 17, 1966; and the notice of appeal was filed on March 25, 1966. Thus, counting only the time the case was within the jurisdiction of the State court, this appeal was filed within the 30 days allowed by Section 5 of the Appellate Practice Act of 1965. Ga. L. 1965, pp. 18, 21 (Code Ann. § 6-803). To hold that the appeal is too late is, as I view it, to deny appellants the 30 days in which to appeal, as afforded by that Act.

I am authorized to state that Mr. Justice Mobley concurs in this dissent.