Selman's Express, Inc. v. Wright

Court of Appeals of Georgia

Selman's Express, Inc. v. Wright

168 S.E.2d 658, 119 Ga. App. 752, 1969 Ga. App. LEXIS 1234

Court of Appeals of Georgia·Decided May 29, 1969·No. 44299·Published·Cited by 3 cases

Opinion

Pm Curiam.

Because of the failure of the jury to agree on a verdict, the trial of this suit resulted in a mistrial. There is no final judgment in the case. Defendants took this appeal from the decision of the trial court denying their motion for a directed verdict. This is not a judgment or decision from which an appeal may be taken because (1) the case is still pending in the court below; (2) the record contains no certificate of the trial judge certifying that the decision appealed from is of such importance to the case that immediate review should be had; and (3) it is not one of those specifically de[753]*753scribed judgments from which appeal is permitted by Sub-paragraph 3 of Section 1 (a) of the Appellate Practice Act, Ga. L. 1965, p. 18, as amended by Ga. L. 1968, pp. 1072, 1073 (Code Ann. § 6-701 (a)). Babb v. International Shoe Co., 118 Ga. App. 346 (163 SE2d 893); Rockmart Finance Co. v. High, 118 Ga. App. 351 (163 SE2d 758); State Hwy. Dept. v. Rosenfeld, 118 Ga. App. 524 (164 SE2d 259).

Argued March 4, 1969 Decided May 29, 1969. Nall, Miller, Cadenhead & Dennis, Dennis J. Webb, for appellants. Telford, Wayne & Stewart, David G. Mercer, for appellee.

Appeal dismissed.

Bell, P. J., Eberhardt and Deen, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Pm Curiam.

Because of the failure of the jury to agree on a verdict, the trial of this suit resulted in a mistrial. There is no final judgment in the case. Defendants took this appeal from the decision of the trial court denying their motion for a directed verdict. This is not a judgment or decision from which an appeal may be taken because (1) the case is still pending in the court below; (2) the record contains no certificate of the trial judge certifying that the decision appealed from is of such importance to the case that immediate review should be had; and (3) it is not one of those specifically de[753]*753scribed judgments from which appeal is permitted by Sub-paragraph 3 of Section 1 (a) of the Appellate Practice Act, Ga. L. 1965, p. 18, as amended by Ga. L. 1968, pp. 1072, 1073 (Code Ann. § 6-701 (a)). Babb v. International Shoe Co., 118 Ga. App. 346 (163 SE2d 893); Rockmart Finance Co. v. High, 118 Ga. App. 351 (163 SE2d 758); State Hwy. Dept. v. Rosenfeld, 118 Ga. App. 524 (164 SE2d 259).

Argued March 4, 1969 Decided May 29, 1969. Nall, Miller, Cadenhead & Dennis, Dennis J. Webb, for appellants. Telford, Wayne & Stewart, David G. Mercer, for appellee.

Appeal dismissed.

Bell, P. J., Eberhardt and Deen, JJ., concur.

Selman's Express, Inc. v. Wright, 168 S.E.2d 658, 119 Ga. App. 752, 1969 Ga. App. LEXIS 1234 (Ga. Ct. App. 1969).

Pincite

168 S.E.2d 658 (Selman's Express, Inc. v. Wright) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related