Pazol v. Citizens National Bank of Sandy Springs

Court of Appeals of Georgia

Pazol v. Citizens National Bank of Sandy Springs

144 S.E.2d 117, 112 Ga. App. 161, 1965 Ga. App. LEXIS 627

CourtCourt of Appeals of Georgia

DecidedJuly 15, 1965

Docket41355

StatusPublished

Cited by8 cases

This text of 144 S.E.2d 117 (Pazol v. Citizens National Bank of Sandy Springs) 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

Pazol v. Citizens National Bank of Sandy Springs, 144 S.E.2d 117, 112 Ga. App. 161, 1965 Ga. App. LEXIS 627 (Ga. Ct. App. 1965).

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Opinion

Felton, Chief Judge.

It appearing from the additional record, certified and sent to this court on the motion of the defendant in error, that the defendant’s motion to set aside the judgment which is excepted to in this case (the granting of the summary judgment in favor of the plaintiff) was still pending in the trial court at the time the purported bill of exceptions was certified, although said motion was subsequently denied, there was no exception to a final judgment; therefore the writ of error was premature and must be dismissed. Code Ann. § 6-701; State Bank of Leesburg v. Hatcher, 106 Ga. App. 735 (128 SE2d 339); Fulton v. Chattanooga Pub. Co., 98 Ga. App. 473 (105 SE2d 922); Todd v. Douglas-Guardian Warehouse Corp., 98 Ga. App. 673 106 SE2d 347); Wood v. Sheppard, 99 Ga. App. 537 (109 SE2d 69).

In addition to the fact that the motion to set aside the summary judgment was pending at the time of the exception to the summary judgment itself, the court in its nisi on the motion to vacate the summary judgment stayed all proceedings to enforce the summary judgment. It is apparent that an additional ruling was required by the court to make a final determination of the case.

Writ of error dismissed.

Jordan and Deen, JJ., concur.

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Felton, Chief Judge.

It appearing from the additional record, certified and sent to this court on the motion of the defendant in error, that the defendant’s motion to set aside the judgment which is excepted to in this case (the granting of the summary judgment in favor of the plaintiff) was still pending in the trial court at the time the purported bill of exceptions was certified, although said motion was subsequently denied, there was no exception to a final judgment; therefore the writ of error was premature and must be dismissed. Code Ann. § 6-701; State Bank of Leesburg v. Hatcher, 106 Ga. App. 735 (128 SE2d 339); Fulton v. Chattanooga Pub. Co., 98 Ga. App. 473 (105 SE2d 922); Todd v. Douglas-Guardian Warehouse Corp., 98 Ga. App. 673 106 SE2d 347); Wood v. Sheppard, 99 Ga. App. 537 (109 SE2d 69).

In addition to the fact that the motion to set aside the summary judgment was pending at the time of the exception to the summary judgment itself, the court in its nisi on the motion to vacate the summary judgment stayed all proceedings to enforce the summary judgment. It is apparent that an additional ruling was required by the court to make a final determination of the case.

Writ of error dismissed.

Jordan and Deen, JJ., concur.

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Bluebook (online)

144 S.E.2d 117, 112 Ga. App. 161, 1965 Ga. App. LEXIS 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pazol-v-citizens-national-bank-of-sandy-springs-gactapp-1965.

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