Maslia v. DiMauro

Supreme Court of Georgia

Maslia v. DiMauro

207 S.E.2d 509, 232 Ga. 546, 1974 Ga. LEXIS 1002

CourtSupreme Court of Georgia

DecidedJuly 16, 1974

Docket28945

StatusPublished

Cited by5 cases

This text of 207 S.E.2d 509 (Maslia v. DiMauro) 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.

Bluebook

Maslia v. DiMauro, 207 S.E.2d 509, 232 Ga. 546, 1974 Ga. LEXIS 1002 (Ga. 1974).

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Opinion

Undercofler, Justice.

The discretion of the trial judge in refusing to consolidate cases will not be disturbed unless there is a very plain case of abuse of discretion to the detriment of the movant. Under the circumstances showing the character of the cases which the court refused to consolidate, upon which ruling, error was assigned, even if the judge would have been authorized to consolidate the cases, there was no abuse of discretion in refusing to do so. Railroad Comm. of Ga. v. Southern R. Co., 154 Ga. 297 (1) (114 SE 335); Sanders v. Wilson, 193 Ga. 393, 397 (18 SE2d 765).

*547 Submitted June 11, 1974 Decided July 16, 1974. Marvin P. Nodvin, Ira S. Zuckerman, for appellants. Powell, Goldstein, Frazer & Murphy, Stuart E. Eizenstat, Larry I. Bogart, Michael L. Russo, Koehler & Russo, William R. Parker, for appellees.

Judgment affirmed.

All the Justices concur.

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Undercofler, Justice.

The discretion of the trial judge in refusing to consolidate cases will not be disturbed unless there is a very plain case of abuse of discretion to the detriment of the movant. Under the circumstances showing the character of the cases which the court refused to consolidate, upon which ruling, error was assigned, even if the judge would have been authorized to consolidate the cases, there was no abuse of discretion in refusing to do so. Railroad Comm. of Ga. v. Southern R. Co., 154 Ga. 297 (1) (114 SE 335); Sanders v. Wilson, 193 Ga. 393, 397 (18 SE2d 765).

*547 Submitted June 11, 1974 Decided July 16, 1974. Marvin P. Nodvin, Ira S. Zuckerman, for appellants. Powell, Goldstein, Frazer & Murphy, Stuart E. Eizenstat, Larry I. Bogart, Michael L. Russo, Koehler & Russo, William R. Parker, for appellees.

Judgment affirmed.

All the Justices concur.

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207 S.E.2d 509, 232 Ga. 546, 1974 Ga. LEXIS 1002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maslia-v-dimauro-ga-1974.

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