Hulsey v. Smith
This text of 156 S.E.2d 353 (Hulsey v. Smith) 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.
Opinion
The sole enumeration of error is that the court on the presentation of a petition by the appellees issued a rule nisi ordering the appellant to show cause why a temporary injunction should not be granted, and it granted a temporary restraining order ex parte. The appellees have filed a motion to dismiss the appeal as being premature. Held:
Motion to dismiss is granted. Sec. 1 (a) of the Appellate Practice Act of 1965 (Ga. L. 1965, p. 18; Code Ann. § 6-701) provides appeals may be taken “1. [w]here the judgment is final — that is to say- — -where the cause is no longer pending in the court below” and “3. . . . from all judgments or orders rendered after hearing, continuing in effect ... or refusing to continue ... a temporary restraining order.” The present appeal is not from a final judgment nor was the judgment an interlocutory injunction granted after a hearing.
Appeal dismissed.
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Cite This Page — Counsel Stack
156 S.E.2d 353, 223 Ga. 522, 1967 Ga. LEXIS 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hulsey-v-smith-ga-1967.