LOUISVILLE & NASHVILLE RAILROAD COMPANY v. Clark

Court of Appeals of Georgia

LOUISVILLE & NASHVILLE RAILROAD COMPANY v. Clark

152 S.E.2d 694, 114 Ga. App. 755, 1966 Ga. App. LEXIS 910

CourtCourt of Appeals of Georgia

DecidedSeptember 23, 1966

Docket42325

StatusPublished

Cited by5 cases

This text of 152 S.E.2d 694 (LOUISVILLE & NASHVILLE RAILROAD COMPANY v. Clark) 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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LOUISVILLE & NASHVILLE RAILROAD COMPANY v. Clark, 152 S.E.2d 694, 114 Ga. App. 755, 1966 Ga. App. LEXIS 910 (Ga. Ct. App. 1966).

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Opinion

Jordan, Judge.

This is an appeal from an order of the trial court overruling certain objections of the defendant to interrogatories filed by the plaintiff. The plaintiff-appellee has filed a motion to dismiss the appeal on the ground that the order appealed from is not a final and appealable judgment under the Appellate Practice Act of 1965 (Ga. L. 1965, p. 18). Held:

While orders denying or requiring answers to interrogatories are reviewable on appeal after final judgment if they have affected the final judgment and are not moot (Benefield v. Malone, 1101 Ga. App. 607 (2a) (139 SE2d 500)), an order sustaining or overruling objections to interrogatories is merely interlocutory (Fricks v. Cole, 109 Ga. App. 143, 147 (135 SE2d 512)), and not being a final judgment or one which would have been final if rendered' as contended for by the appellant, such order is not an appealable judgment under Section 1 of the Appellate Practice Act of 1965 (Ga. L. 1965, p. 18; Code Ann. § 6-701). Millholland v. Oglesby, 114 Ga. App. 745. Accordingly, this court is without jurisdiction of this case, and the appeal must be dismissed as authorized by Section 13 (b) of the Act (Ga. L. 1965, pp. 18, 29, as amended; Code Ann. § 6-809).

Appeal dismissed.

Bell, P. J., and Eberhardt, J., conciur.

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Jordan, Judge.

This is an appeal from an order of the trial court overruling certain objections of the defendant to interrogatories filed by the plaintiff. The plaintiff-appellee has filed a motion to dismiss the appeal on the ground that the order appealed from is not a final and appealable judgment under the Appellate Practice Act of 1965 (Ga. L. 1965, p. 18). Held:

While orders denying or requiring answers to interrogatories are reviewable on appeal after final judgment if they have affected the final judgment and are not moot (Benefield v. Malone, 1101 Ga. App. 607 (2a) (139 SE2d 500)), an order sustaining or overruling objections to interrogatories is merely interlocutory (Fricks v. Cole, 109 Ga. App. 143, 147 (135 SE2d 512)), and not being a final judgment or one which would have been final if rendered' as contended for by the appellant, such order is not an appealable judgment under Section 1 of the Appellate Practice Act of 1965 (Ga. L. 1965, p. 18; Code Ann. § 6-701). Millholland v. Oglesby, 114 Ga. App. 745. Accordingly, this court is without jurisdiction of this case, and the appeal must be dismissed as authorized by Section 13 (b) of the Act (Ga. L. 1965, pp. 18, 29, as amended; Code Ann. § 6-809).

Appeal dismissed.

Bell, P. J., and Eberhardt, J., conciur.

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152 S.E.2d 694, 114 Ga. App. 755, 1966 Ga. App. LEXIS 910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisville-nashville-railroad-company-v-clark-gactapp-1966.

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