Cotton States Mutual Insurance v. Bishop

Court of Appeals of Georgia

Cotton States Mutual Insurance v. Bishop

316 S.E.2d 167, 170 Ga. App. 9, 1984 Ga. App. LEXIS 1780

CourtCourt of Appeals of Georgia

DecidedFebruary 27, 1984

Docket67424

StatusPublished

Cited by4 cases

This text of 316 S.E.2d 167 (Cotton States Mutual Insurance v. Bishop) 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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Cotton States Mutual Insurance v. Bishop, 316 S.E.2d 167, 170 Ga. App. 9, 1984 Ga. App. LEXIS 1780 (Ga. Ct. App. 1984).

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Opinion

Shulman, Presiding Judge.

This is an action on a fire insurance policy issued by appellant to appellees. The case was tried before a jury, which returned a verdict for appellant. Subsequently, the trial court granted appellees’ motion for new trial, and this appeal followed.

“[A] judgment granting a new trial is not a final judgment. . .” Henderson v. Henderson, 231 Ga. 208 (200 SE2d 867). While “[t]he grant of a new trial on special grounds involving a question of law is reviewable in a proper appeal [cit.] . . ., we cannot reach the merits of appellant’s contentions in this case [since] [n]o certificate of immediate review was obtained from the trial court nor application made to this court for interlocutory review. [Cits.]” Moore v. Williams, 163 Ga. App. 595 (295 SE2d 866); Young v. Warren, 155 Ga. App. 362 (270 SE2d 897); OCGA § 5-6-34 (b).

Appeal dismissed.

McMurray, C. J., and Birdsong, J., concur.

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Shulman, Presiding Judge.

This is an action on a fire insurance policy issued by appellant to appellees. The case was tried before a jury, which returned a verdict for appellant. Subsequently, the trial court granted appellees’ motion for new trial, and this appeal followed.

“[A] judgment granting a new trial is not a final judgment. . .” Henderson v. Henderson, 231 Ga. 208 (200 SE2d 867). While “[t]he grant of a new trial on special grounds involving a question of law is reviewable in a proper appeal [cit.] . . ., we cannot reach the merits of appellant’s contentions in this case [since] [n]o certificate of immediate review was obtained from the trial court nor application made to this court for interlocutory review. [Cits.]” Moore v. Williams, 163 Ga. App. 595 (295 SE2d 866); Young v. Warren, 155 Ga. App. 362 (270 SE2d 897); OCGA § 5-6-34 (b).

Appeal dismissed.

McMurray, C. J., and Birdsong, J., concur.

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Bluebook (online)

316 S.E.2d 167, 170 Ga. App. 9, 1984 Ga. App. LEXIS 1780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cotton-states-mutual-insurance-v-bishop-gactapp-1984.

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