lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
LECRAW v. L. P. D., INC.
42175.
JORDAN, Judge.
Appellate procedure. Fulton Civil Court. Before Judge Wright.
This is an appeal from the order of the trial court denying the defendant's motion to reconsider a previous order of court overruling the defendant's general and special demurrers to the plaintiff's petition. Held:
The judgment appealed from in the notice of appeal filed by the appellant is neither a final judgment nor one which would have been final if rendered as contended by the appellant for the reason that if the trial court had granted the motion to reconsider, the status of the case in the court below would not have been changed in any way until a subsequent order was rendered after reconsideration vacating the original judgment and entering a contrary ruling. Accordingly, the judgment appealed from not being an appealable judgment under Sec. 1 of the Appellate Practice Act of 1965 (Ga. L. 1965, p. 18; Code Ann. 6-701) and no appeal having been taken from the previous judgment of the trial court overruling the defendant's general demurrer to the petition, this court is without jurisdiction to review the enumeration of error, and the appeal must be dismissed as authorized by Sec. 13(b) of the Act (Ga. L. 1965, pp. 18, 29; Code Ann. 6-809). Birdwell v. Pippen, 113 Ga. App. 202 (147 SE2d 673).
Rose & Silverman, George S. Stern, for appellee.
Barber & Rambo, Olin Rambo, for appellant.
SUBMITTED JULY 8, 1966 -- DECIDED SEPTEMBER 7, 1966.
Friday May 22 20:18 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com