Hulsey v. Smith

156 S.E.2d 353, 223 Ga. 522, 1967 Ga. LEXIS 594

Opinion

Almand, Presiding Justice.

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.

All the Justices concur.