Dawn Memorial Park, Inc. v. Southern Cemetery Consultants of Georgia, Inc.

Court of Appeals of Georgia

Dawn Memorial Park, Inc. v. Southern Cemetery Consultants of Georgia, Inc.

149 S.E.2d 760, 113 Ga. App. 814, 1966 Ga. App. LEXIS 1213

CourtCourt of Appeals of Georgia

DecidedJune 10, 1966

Docket42053

StatusPublished

Cited by2 cases

This text of 149 S.E.2d 760 (Dawn Memorial Park, Inc. v. Southern Cemetery Consultants of Georgia, Inc.) 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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Dawn Memorial Park, Inc. v. Southern Cemetery Consultants of Georgia, Inc., 149 S.E.2d 760, 113 Ga. App. 814, 1966 Ga. App. LEXIS 1213 (Ga. Ct. App. 1966).

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Opinion

Jordan, Judge.

This is an appeal from the judgment of the trial court overruling the defendant’s motion to dismiss count 2 of the plaintiff’s petition. Held:

The record before this court discloses that count 1 of the petition is still pending in the trial court. Accordingly, the judgment appealed from is neither a final judgment nor one which would have been final if rendered as contended for by the appellant (Code Ann. § 6-701); and the appeal must be dismissed as being premature. Code Ann. § 6-809 (b); Johnson v. Henry & Co., 178 Ga. 542 (174 SE 140); Bailey v. United Life &c. Ins. Co., 25 Ga. App. 301 (103 SE 184); McFarland v. Lumpkin, 108 Ga. App. 370 (133 SE2d 117).

Appeal dismissed.

Bell, P. J., and Eberhardt, J., concur.

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Jordan, Judge.

This is an appeal from the judgment of the trial court overruling the defendant’s motion to dismiss count 2 of the plaintiff’s petition. Held:

The record before this court discloses that count 1 of the petition is still pending in the trial court. Accordingly, the judgment appealed from is neither a final judgment nor one which would have been final if rendered as contended for by the appellant (Code Ann. § 6-701); and the appeal must be dismissed as being premature. Code Ann. § 6-809 (b); Johnson v. Henry & Co., 178 Ga. 542 (174 SE 140); Bailey v. United Life &c. Ins. Co., 25 Ga. App. 301 (103 SE 184); McFarland v. Lumpkin, 108 Ga. App. 370 (133 SE2d 117).

Appeal dismissed.

Bell, P. J., and Eberhardt, J., concur.

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149 S.E.2d 760, 113 Ga. App. 814, 1966 Ga. App. LEXIS 1213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dawn-memorial-park-inc-v-southern-cemetery-consultants-of-georgia-inc-gactapp-1966.

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