Carroll v. Campbell

177 S.E.2d 83, 226 Ga. 700, 1970 Ga. LEXIS 643

• Court: Supreme Court of Georgia
• Decided: September 10, 1970
• Docket: 25883
• Status: Published

Opinions

Nichols, Justice.

Certiorari was granted in this case to review the sole question of whether a judgment is reviewable by the Supreme Court or Court of Appeals where no certificate-of immediate review is signed by the trial court, but where-a summary judgment has been granted as to a part of the case and such judgment appealed from, and the review of the-denial of summary judgment is sought by a cross appeal.. Held:

While as was said by the Court of Appeals it would be more-expedient for the court to determine all issues in the case,, yet absent a proper certificate the review of the denial of a summary judgment is not subject to an appeal. The last expression of the General Assembly (Ga. L. 1968, p. 1072),. shows that no exception is intended to the rule laid down in section 56 (h) of the Civil Practice Act (Ga. L. 1966, p. 609 ; Code Ann. § 81A-156 (h)), that under no circumstances is a judgment denying a summary judgment reviewable in the-absence of a certificate of the trial judge. Compare Undercofler v. Grantham Transfer Co., 222 Ga. 645, 656 (151 SE2d 765), as to legislative intent.

Judgment affirmed.

All the Justices concur, except Felton, J., who dissents. Argued July 13, 1970 Decided September 10, 1970 Rehearing denied September 24, 1970. Wilbur D. Owens, Jr., Ellsworth Hall, Jr., for appellants. Neely, Freeman <&, Hawkins, Paul M. Hawkins, Albert H. Parnell, for appellee.