152 Ga. App. 291 | Ga. Ct. App. | 1979
In this administrative action initiated by a former employee for unemployment compensation appellee Board of Education appealed to the superior court from the decision rendered by the board of review, which held that appellee’s former employee was qualified for compensation. The trial court reversed the board of review. Because the requirements of Ga. L. 1956, p. 625 (Code Ann. § 3-116) were not met, we reverse.
1. The former employee did not file a notice of appeal from the judgment of the trial court. Appellee cites that fact as foundation for its propositions that the issues raised on appeal are moot and the Commissioner of Labor lacks standing to prosecute the appeal. Those propositions lack merit. Under the Employment Security Law (Ga. L. 1937, p. 806 et seq.) (Code Ann. §§ 54-601 through
2. Appellee asserts that, because the commissioner failed to file an answer, CPA § 55 (Code Ann. § 81A-155) required that appellee’s superior court petition stand admitted. That assertion is meritless. Ga. L. 1978, pp. 1386, 1395 (Code Ann. § 54-619), removed the former statutory mandate that the commissioner file an answer. Further, Code Ann. § 54-619 provides in part: "In any judicial proceeding under this section the findings of the board of review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law.” It is apparent, therefore that the review by the superior court is appellate in nature and the provisions of the Civil Practice Act do not apply. Howell v. Harden, 231 Ga. 594 (1) (203 SE2d 206) (1974).
3. "Any verdict, decision, judgment, decree, order, ruling or other judicial action by any court in this State in
4. Because of our reversal for the reason stated in Division 3, we do not consider the remaining enumerations of error.
Judgment reversed.