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Lawskills.com Georgia Caselaw
AUTUMN BREEZE NURSING HOME, INC. v. HALE.
59173.
QUILLIAN, Presiding Judge.
Action on account. Cobb State Court. Before Judge Robinson.
Plaintiff appeals from the denial of its motion for summary judgment as to Count 4 of the defendant's counterclaim. Held:
The judgment in this case was not appealable absent compliance with Code Ann. 6-701 (a) 2 (Ga. L. 1965, p. 18; as amended through Ga. L. 1979, pp. 619, 620). The appellant obtained a certificate for immediate review by the trial court but failed to apply for or obtain from this court an order permitting the appeal. Hence, the appeal is premature. Williams v. State, 148 Ga. App. 176 (251 SE2d 130).
Robert A. Falanga, for appellant.
ARGUED JANUARY 8, 1980 -- DECIDED JANUARY 24, 1980.
Friday May 22 00:06 EDT


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