Griffith v. GEORGIA BOARD OF DENTISTRY
This text of 333 S.E.2d 647 (Griffith v. GEORGIA BOARD OF DENTISTRY) 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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Charles E. Griffith brought this action in the Superior Court of Bibb County. The Georgia Board of Dentistry moved to dismiss the case on the basis of improper venue. Following a hearing on the motion, the Superior Court of Bibb County transferred this case to the Superior Court of Fulton County pursuant to the Uniform Transfer Rules, 251 Ga. 893 (1984). Griffith appeals.
The subject transfer order is not a final judgment as the case is still pending in the court below, albeit a different court from the one ordering the transfer. The order is thus interlocutory and not appeal-able without a certificate of immediate review from the lower court and an appropriate application to this court. OCGA § 5-6-34 (b); see Atlanta Hanggliders &c., Inc. v. Rountree, 169 Ga. App. 647 (314 SE2d 679) (1984). Compare Shannon v. Allen Automatic Transmission, 172 Ga. App. 88 (322 SE2d 99) (1984), and Long v. Bruner, 171 Ga. App. 124 (2) (318 SE2d 818) (1984), wherein the lower courts’ dismissals of the cases because of improper venue were final judgments as the cases were no longer pending below. Therefore, Griffith’s appeal must be dismissed.
Appeal dismissed.
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Cite This Page — Counsel Stack
333 S.E.2d 647, 175 Ga. App. 533, 1985 Ga. App. LEXIS 2154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffith-v-georgia-board-of-dentistry-gactapp-1985.