Alexander v. State

Court of Appeals of Georgia

Alexander v. State

176 S.E.2d 633, 122 Ga. App. 331, 1970 Ga. App. LEXIS 865

CourtCourt of Appeals of Georgia

DecidedJuly 8, 1970

Docket45360

StatusPublished

Cited by3 cases

This text of 176 S.E.2d 633 (Alexander v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alexander v. State, 176 S.E.2d 633, 122 Ga. App. 331, 1970 Ga. App. LEXIS 865 (Ga. Ct. App. 1970).

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Opinion

Evans, Judge.

While the court in its order denying the demurrers stated that the defendant was allowed 30 days in which to appeal this order and if no appeal was made within that period the case "shall be set for trial at the expiration of said period at the earliest practical date,” this is not the certification required by Georgia L. 1965, p. 18, as amended by Georgia L. 1968, pp. 1072, 1073 (Code Ann. § 6-701 (2)) in that there has been no certification that the "decision or judgment is of such importance to the case that immediate review should be had.” See Davis v. Dixon, 118 Ga. App. 587 (164 SE2d 875). This court having no jurisdiction to review the ancillary judgment here compalined of, it not being a final judgment, the appeal must be

Dismissed.

Deen, J., concurs. Hall, P. J., concurs in the judgment.

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Evans, Judge.

While the court in its order denying the demurrers stated that the defendant was allowed 30 days in which to appeal this order and if no appeal was made within that period the case "shall be set for trial at the expiration of said period at the earliest practical date,” this is not the certification required by Georgia L. 1965, p. 18, as amended by Georgia L. 1968, pp. 1072, 1073 (Code Ann. § 6-701 (2)) in that there has been no certification that the "decision or judgment is of such importance to the case that immediate review should be had.” See Davis v. Dixon, 118 Ga. App. 587 (164 SE2d 875). This court having no jurisdiction to review the ancillary judgment here compalined of, it not being a final judgment, the appeal must be

Dismissed.

Deen, J., concurs. Hall, P. J., concurs in the judgment.

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Bluebook (online)

176 S.E.2d 633, 122 Ga. App. 331, 1970 Ga. App. LEXIS 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-state-gactapp-1970.

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