Goolsby v. Oakes

Supreme Court of Georgia

Goolsby v. Oakes

241 S.E.2d 836, 240 Ga. 493, 1978 Ga. LEXIS 779

CourtSupreme Court of Georgia

DecidedJanuary 6, 1978

Docket33227

StatusPublished

Cited by1 cases

This text of 241 S.E.2d 836 (Goolsby v. Oakes) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goolsby v. Oakes, 241 S.E.2d 836, 240 Ga. 493, 1978 Ga. LEXIS 779 (Ga. 1978).

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Opinion

Per curiam.

The trial court denied the defendant’s motion for summary judgment and certified that interlocutory order for immediate review pursuant to Code Ann. § 81A-156 (h). That Code section, as amended, provides that an order denying summary judgment shall be subject to review by appeal in accordance with the provisions of Code § 6-701 (a) 2. The latter Code section provides that when an interlocutory decision which is not subject to direct appeal is certified by the trial judge, this court may, in its discretion, "... permit an appeal to be taken from such order, decision or judgment, if application is made thereto within 10 days after such certificate is granted.” No application to this court’s discretion was made and, therefore, this appeal must be dismissed.

Appeal dismissed.

All the Justices concur. [494]*494Decided January 6, 1978. Martin W. Welch, for appellant. Maylon K. London, for appellees.

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Per curiam.

The trial court denied the defendant’s motion for summary judgment and certified that interlocutory order for immediate review pursuant to Code Ann. § 81A-156 (h). That Code section, as amended, provides that an order denying summary judgment shall be subject to review by appeal in accordance with the provisions of Code § 6-701 (a) 2. The latter Code section provides that when an interlocutory decision which is not subject to direct appeal is certified by the trial judge, this court may, in its discretion, "... permit an appeal to be taken from such order, decision or judgment, if application is made thereto within 10 days after such certificate is granted.” No application to this court’s discretion was made and, therefore, this appeal must be dismissed.

Appeal dismissed.

All the Justices concur. [494]*494Decided January 6, 1978. Martin W. Welch, for appellant. Maylon K. London, for appellees.

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Bluebook (online)

241 S.E.2d 836, 240 Ga. 493, 1978 Ga. LEXIS 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goolsby-v-oakes-ga-1978.

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