Pekrol v. Collins

Court of Appeals of Georgia

Pekrol v. Collins

169 S.E.2d 716, 120 Ga. App. 99, 1969 Ga. App. LEXIS 687

CourtCourt of Appeals of Georgia

DecidedJuly 15, 1969

Docket44578

StatusPublished

This text of 169 S.E.2d 716 (Pekrol v. Collins) 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

Pekrol v. Collins, 169 S.E.2d 716, 120 Ga. App. 99, 1969 Ga. App. LEXIS 687 (Ga. Ct. App. 1969).

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Opinion

Felton, Chief Judge.

“The sustaining or overruling of a plea in abatement on the ground that there is another suit pending between the same parties on the same cause of action is not a final judgment from which an appeal can be taken.” Richard’s Buick, Inc. v. Sease, 116 Ga. App. 232 (156 SE2d 365), and cit. The plea in this case is analogous to such a plea. The plea here is that the present action by a wife for the loss of her husband’s consortium is not sustainable separately from a pending suit seeking to recover for her personal injuries arising from the same cause as the loss of her husband’s consortium. The appeal from the court’s judgment sustaining the defendant’s plea in abatement must accordingly be

Dismissed.

Pannell and Quillian, JJ., concur. Richard D. Phillips, for appellant. Adams, Adams, Brennan & Gardner, Edward T. Brennan, for appellee.

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Felton, Chief Judge.

“The sustaining or overruling of a plea in abatement on the ground that there is another suit pending between the same parties on the same cause of action is not a final judgment from which an appeal can be taken.” Richard’s Buick, Inc. v. Sease, 116 Ga. App. 232 (156 SE2d 365), and cit. The plea in this case is analogous to such a plea. The plea here is that the present action by a wife for the loss of her husband’s consortium is not sustainable separately from a pending suit seeking to recover for her personal injuries arising from the same cause as the loss of her husband’s consortium. The appeal from the court’s judgment sustaining the defendant’s plea in abatement must accordingly be

Dismissed.

Pannell and Quillian, JJ., concur. Richard D. Phillips, for appellant. Adams, Adams, Brennan & Gardner, Edward T. Brennan, for appellee.

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Bluebook (online)

169 S.E.2d 716, 120 Ga. App. 99, 1969 Ga. App. LEXIS 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pekrol-v-collins-gactapp-1969.

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