Walker's L. P. Gas, Inc. v. Pye

Court of Appeals of Georgia

Walker's L. P. Gas, Inc. v. Pye

206 S.E.2d 139, 131 Ga. App. 405, 1974 Ga. App. LEXIS 1433

CourtCourt of Appeals of Georgia

DecidedMarch 15, 1974

Docket48994

StatusPublished

Cited by1 cases

This text of 206 S.E.2d 139 (Walker's L. P. Gas, Inc. v. Pye) 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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Walker's L. P. Gas, Inc. v. Pye, 206 S.E.2d 139, 131 Ga. App. 405, 1974 Ga. App. LEXIS 1433 (Ga. Ct. App. 1974).

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Opinion

Pannell, Judge.

The appeal in this case is from a judgment "overruling plaintiffs motion for judgment on the pleadings and motion to dismiss, motion for default judgment, and for refund of $20 advanced by plaintiff in bringing this complaint, converted to motion for summary judgment, based upon the affidavit of R. L. Walker and John R. Woodward, III, as evidence and on the grounds that the overruling of said motions and the ordering of [sic] answers be made by defendant by November 19, 1973, without a motion by defendant or defense counsel for such further delay amounts to a manifest abuse of judicial discretion, qualifying this case to appeal in order to save time, cost, and delay and expense of a jury trial at a later date.” The rulings, orders and judgments appealed from are not final and there is no certificate for review. The appeal being premature, the motion to dismiss is hereby sustained. Moore v. Georgia Power Co., 122 Ga. App. 54 (176 SE2d 236).

Appeal dismissed.

Eberhardt, P. J., and Evans, J., concur.

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Pannell, Judge.

The appeal in this case is from a judgment "overruling plaintiffs motion for judgment on the pleadings and motion to dismiss, motion for default judgment, and for refund of $20 advanced by plaintiff in bringing this complaint, converted to motion for summary judgment, based upon the affidavit of R. L. Walker and John R. Woodward, III, as evidence and on the grounds that the overruling of said motions and the ordering of [sic] answers be made by defendant by November 19, 1973, without a motion by defendant or defense counsel for such further delay amounts to a manifest abuse of judicial discretion, qualifying this case to appeal in order to save time, cost, and delay and expense of a jury trial at a later date.” The rulings, orders and judgments appealed from are not final and there is no certificate for review. The appeal being premature, the motion to dismiss is hereby sustained. Moore v. Georgia Power Co., 122 Ga. App. 54 (176 SE2d 236).

Appeal dismissed.

Eberhardt, P. J., and Evans, J., concur.

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Bluebook (online)

206 S.E.2d 139, 131 Ga. App. 405, 1974 Ga. App. LEXIS 1433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walkers-l-p-gas-inc-v-pye-gactapp-1974.

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