Levenson v. Barutio

Court of Appeals of Georgia

Levenson v. Barutio

175 S.E.2d 162, 121 Ga. App. 747, 1970 Ga. App. LEXIS 1340

CourtCourt of Appeals of Georgia

DecidedMay 12, 1970

Docket44988

StatusPublished

Cited by1 cases

This text of 175 S.E.2d 162 (Levenson v. Barutio) 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

Levenson v. Barutio, 175 S.E.2d 162, 121 Ga. App. 747, 1970 Ga. App. LEXIS 1340 (Ga. Ct. App. 1970).

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Opinion

Whitman, Judge.

An appeal, as in this case, from the denial of a motion to dismiss a complaint is not an appealable judgment absent a certificate for review. Tenneco Oil Co. v. Mullis, 118 Ga. App. 540 (164 SE2d 312); Osborne v. Welch, 119 Ga. App. 853 (168 SE2d 897), and citations. Certifications for immediate review by trial judges should be given sparingly and only in close cases where real doubt exists as to the merits of the motion, otherwise they become only a vehicle for delay. C & Land Co. v. Wilson Constr. Corp., 117 Ga. App. 744 (161 SE2d 922).

The motion to dismiss the appeal is granted.

Appeal dismissed.

Bell, C. J., and Quillian, J., concur.

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Whitman, Judge.

An appeal, as in this case, from the denial of a motion to dismiss a complaint is not an appealable judgment absent a certificate for review. Tenneco Oil Co. v. Mullis, 118 Ga. App. 540 (164 SE2d 312); Osborne v. Welch, 119 Ga. App. 853 (168 SE2d 897), and citations. Certifications for immediate review by trial judges should be given sparingly and only in close cases where real doubt exists as to the merits of the motion, otherwise they become only a vehicle for delay. C & Land Co. v. Wilson Constr. Corp., 117 Ga. App. 744 (161 SE2d 922).

The motion to dismiss the appeal is granted.

Appeal dismissed.

Bell, C. J., and Quillian, J., concur.

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Bluebook (online)

175 S.E.2d 162, 121 Ga. App. 747, 1970 Ga. App. LEXIS 1340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levenson-v-barutio-gactapp-1970.

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