Barber v. Baker

Court of Appeals of Georgia

Barber v. Baker

164 S.E.2d 349, 118 Ga. App. 513, 1968 Ga. App. LEXIS 951

CourtCourt of Appeals of Georgia

DecidedOctober 14, 1968

Docket43556

StatusPublished

Cited by1 cases

This text of 164 S.E.2d 349 (Barber v. Baker) 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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Barber v. Baker, 164 S.E.2d 349, 118 Ga. App. 513, 1968 Ga. App. LEXIS 951 (Ga. Ct. App. 1968).

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Opinion

Whitman, Judge.

“An order denying summary judgment is not subject to review by direct appeal or otherwise, unless within 10 days of the order of denial the trial judge certifies that the order denying summary judgment as to any issue or as to any party should be subject to review, in which case such order shall be subject to review by direct appeal.” Code Ann. § 81A-156 (h) (Ga. L. 1967, pp. 226, 238). Certification is not automatic or a matter of right but is a matter of discretion with the trial judge. As pointed out in C & A Land Co. v. Wilson Constr. Corp., 117 Ga. App. 744 (161 SE2d 922), it should be made use of sparingly in close cases where real doubt exists as to the merits of the motion, otherwise it will only become a vehicle for delaying trials on their merits.

There being no certification of the order, the motion to dismiss the appeal is granted. Davis v. Holt, 224 Ga. 55 (159 SE2d 403).

Appeal dismissed.

Felton, C. J., and Eberhardt, J., concur.

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Whitman, Judge.

“An order denying summary judgment is not subject to review by direct appeal or otherwise, unless within 10 days of the order of denial the trial judge certifies that the order denying summary judgment as to any issue or as to any party should be subject to review, in which case such order shall be subject to review by direct appeal.” Code Ann. § 81A-156 (h) (Ga. L. 1967, pp. 226, 238). Certification is not automatic or a matter of right but is a matter of discretion with the trial judge. As pointed out in C & A Land Co. v. Wilson Constr. Corp., 117 Ga. App. 744 (161 SE2d 922), it should be made use of sparingly in close cases where real doubt exists as to the merits of the motion, otherwise it will only become a vehicle for delaying trials on their merits.

There being no certification of the order, the motion to dismiss the appeal is granted. Davis v. Holt, 224 Ga. 55 (159 SE2d 403).

Appeal dismissed.

Felton, C. J., and Eberhardt, J., concur.

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Bluebook (online)

164 S.E.2d 349, 118 Ga. App. 513, 1968 Ga. App. LEXIS 951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barber-v-baker-gactapp-1968.

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