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McCLURE v. DEPARTMENT OF TRANSPORTATION.
53020.
BELL, Chief Judge.
Condemnation of land. Cobb Superior Court. Before Judge Hames.
1. The appellee, Department of Transportation, filed a petition and declaration of taking pursuant to Code 95A-601 et seq., which was served on the appellant-condemnee on April 3, 1975. On May 12, 1975, more than 30 days after service, the appellant filed a notice of appeal under Code 95A-610. Code 95A-610 provides that not later than 30 days after service the condemnee may file a notice of appeal where he is dissatisfied with the compensation deposited on the filing of the declaration of taking. Granting extensions of time as permitted under certain circumstances by the Civil Practice Act does not apply to periods of time which are definitely fixed by other statutes. See CPA 6 (b) (Code Ann. 81A-106 (b)). Miller v. Ga. Real Estate Comm., 136 Ga. App. 718 (222 SE2d 183). Accordingly, the trial court had no authority or discretion to extend the period of time for filing a notice of appeal. It was not error to dismiss the appellant's late appeal.
Flournoy & Still, Charles A. Evans, for appellee.
Cochran, Camp & Snipes, Glen E. Stinson, for appellant.
ARGUED NOVEMBER 1, 1976 -- DECIDED NOVEMBER 24, 1976.
Friday May 22 08:30 EDT


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