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ROBERTS v. BROWN

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Court of Appeals of Georgia.

ROBERTS et al. v. BROWN et al.

No. A97A2214.

Decided: January 30, 1998

Franklin H. Thornton, La Grange, for appellants. Nall, Miller, Owens, Hocutt & Howard, Michael D. Hostetter, Atlanta, for appellees.

Roberts and Core appeal from the dismissal of their 42 USC § 1983 claim against the city of West Point and three of its police officers, including Brown, resulting from a search claimed to be illegal.

The complaint was dismissed, based on the statute of limitation, pursuant to the defendants' motion.   For two reasons, we affirm.

1. First, plaintiffs filed no response to the motion below, and we do not consider arguments made here for the first time.  Cornelius v. Wood, 223 Ga.App. 339, 341(1), 477 S.E.2d 595 (1996).

2. Second, even if we were to consider the argument made, the issue has been determined adversely to plaintiffs.  Doe #102 v. Dept. of Corrections, 268 Ga. 582, 583(2), 492 S.E.2d 516 (1997);  Day v. Brown, 207 Ga.App. 134, 135(1), 427 S.E.2d 104 (1993).

3. Because there is no reasonable basis upon which appellants could conclude this appeal had merit, a penalty of $500 will be imposed by the trial court upon receipt of the remittitur, pursuant to Court of Appeals Rule 15(b).

Judgment affirmed with direction.

ANDREWS, Chief Judge.

JOHNSON and BLACKBURN, JJ., concur.

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