Phillips Construction Co. v. Cowart Iron Works, Inc.

Court of Appeals of Georgia

Phillips Construction Co. v. Cowart Iron Works, Inc.

302 S.E.2d 142, 165 Ga. App. 605, 1983 Ga. App. LEXIS 1978

CourtCourt of Appeals of Georgia

DecidedMarch 3, 1983

Docket63276; 63277, 63278

StatusPublished

This text of 302 S.E.2d 142 (Phillips Construction Co. v. Cowart Iron Works, Inc.) 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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Phillips Construction Co. v. Cowart Iron Works, Inc., 302 S.E.2d 142, 165 Ga. App. 605, 1983 Ga. App. LEXIS 1978 (Ga. Ct. App. 1983).

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Opinion

Sognier, Judge.

On certiorari to the Supreme Court, our earlier decision that the above cause was not directly appealable but appealable only under OCGA § 5-6-34 (b) (Code Ann. § 6-701) has been affirmed. Phillips Constr. Co. v. Cowart Iron Works, 162 Ga. App. 861 (293 SE2d 355) (1982). However, pursuant to the direction of the Supreme Court we vacate the order of the trial court denying the motions to stay judicial proceedings and remand this case to the trial court with authority to reenter its earlier orders and certify them for immediate appeal if the trial court sees fit to do so.

Judgment remanded.

Deen, P. J., and Pope, J., concur.

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Sognier, Judge.

On certiorari to the Supreme Court, our earlier decision that the above cause was not directly appealable but appealable only under OCGA § 5-6-34 (b) (Code Ann. § 6-701) has been affirmed. Phillips Constr. Co. v. Cowart Iron Works, 162 Ga. App. 861 (293 SE2d 355) (1982). However, pursuant to the direction of the Supreme Court we vacate the order of the trial court denying the motions to stay judicial proceedings and remand this case to the trial court with authority to reenter its earlier orders and certify them for immediate appeal if the trial court sees fit to do so.

Judgment remanded.

Deen, P. J., and Pope, J., concur.

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302 S.E.2d 142, 165 Ga. App. 605, 1983 Ga. App. LEXIS 1978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-construction-co-v-cowart-iron-works-inc-gactapp-1983.

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