Dowdy v. White

Court of Appeals of Georgia

Dowdy v. White

168 S.E.2d 595, 119 Ga. App. 793, 1969 Ga. App. LEXIS 1251

CourtCourt of Appeals of Georgia

DecidedJune 13, 1969

Docket44497

StatusPublished

Cited by3 cases

This text of 168 S.E.2d 595 (Dowdy v. White) 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.

Bluebook

Dowdy v. White, 168 S.E.2d 595, 119 Ga. App. 793, 1969 Ga. App. LEXIS 1251 (Ga. Ct. App. 1969).

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Opinion

Per Curiam.

This appeal was taken “from the judgment of the Superior Court of Cobb County, dated February 6, 1969, overruling respondent’s written motion to dismiss appellant’s appeal from the Court of Ordinary of Cobb County.” The decision thus specified in the notice of appeal is not an appealable judgment because (1) the case is still pending in the court below; (2) the record contains no certificate of the trial judge certifying that the decision appealed from is of *794 such importance to the case that immediate review should be had; and (3) the decision is not one of those specifically described judgments from which appeal is permitted by Sub-paragraph 3 of Section 1 (a) of the Appellate Practice Act, Ga. L. 1965, p. 18, as amended by Ga. L. 1968, pp. 1072, 1073; Code Ann. § 6-701 (a). Babb v. International Shoe Co., 118 Ga. App. 346 (163 SE2d 893); Selman’s Express, Inc. v. Wright, 119 Ga. App. 752.

Submitted May 29, 1969 Decided June 13, 1969. David H. Fink, for appellant. Cochran, Camp, Snipes & Jose, for appellee.

Appeal dismissed.

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

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Per Curiam.

This appeal was taken “from the judgment of the Superior Court of Cobb County, dated February 6, 1969, overruling respondent’s written motion to dismiss appellant’s appeal from the Court of Ordinary of Cobb County.” The decision thus specified in the notice of appeal is not an appealable judgment because (1) the case is still pending in the court below; (2) the record contains no certificate of the trial judge certifying that the decision appealed from is of *794 such importance to the case that immediate review should be had; and (3) the decision is not one of those specifically described judgments from which appeal is permitted by Sub-paragraph 3 of Section 1 (a) of the Appellate Practice Act, Ga. L. 1965, p. 18, as amended by Ga. L. 1968, pp. 1072, 1073; Code Ann. § 6-701 (a). Babb v. International Shoe Co., 118 Ga. App. 346 (163 SE2d 893); Selman’s Express, Inc. v. Wright, 119 Ga. App. 752.

Submitted May 29, 1969 Decided June 13, 1969. David H. Fink, for appellant. Cochran, Camp, Snipes & Jose, for appellee.

Appeal dismissed.

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

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Bluebook (online)

168 S.E.2d 595, 119 Ga. App. 793, 1969 Ga. App. LEXIS 1251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dowdy-v-white-gactapp-1969.

Opinion

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