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Potter-Miller v. Reed

The appellant abandoned her enumeration of error regarding a supersedeas bond, since she provided no supporting legal authority.

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In her third attempt at an appeal in this attorney fee arbitration, Savannah Potter-Miller appeals an order granting Arthur Reed’s motion to compel post-judgment discovery, an order of contempt for failure to obey that order, a confidentiality/protective order, and an order for a supersedeas bond.1 To the extent they are properly before us, we affirm the trial court’s rulings. 1. We first note that Reed’s contention that Potter-Miller’s notice of appeal was untimely filed is incorrect. While the notice was filed 33 days after entry of the last order appealed from, the 30th day fell on an official state holiday, and the following two days were Saturday and Sunday. The filing therefore was timely. See OCGA § 1-4-1 a 2; OCGA § 1-3-1 d 3; In re Estate of Dasher , 259 Ga. App. 201, 203 576 SE2d 559 2002.

2. In her wide-ranging and largely irrelevant statement of facts and in four of her enumerations of error, appellant seeks to raise issues outside the scope of her notice of appeal, and we may not consider them. Style Craft Homes v. Chapman , 226 Ga. App. 634, 635 487 SE2d 32 1997. Moreover, appellant also attempts to raise issues that formed part of an earlier, dismissed appeal. “The effect of the dismissal of the first appeal from an appealable judgment was to affirm the judgment of the trial court there excepted to and the trial court was without authority to vacate or alter such prior judgment which was res judicata between the parties. Cit.” Aetna Casualty & Surety Co. v. Bullington , 227 Ga. 485, 486 2 181 SE2d 495 1971.

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