From Casetext: Smarter Legal Research

C a Land Company v. Wilson Construction Corp.

Court of Appeals of Georgia
May 3, 1968
161 S.E.2d 922 (Ga. Ct. App. 1968)

Opinion

43543, 43544.

SUBMITTED APRIL 3, 1968.

DECIDED MAY 3, 1968.

Appellate procedure. Fulton Civil Court. Before Judge Wright.

Harvey A. Clein, Schwall Hewett, Emory A. Schwall, for appellants.

Claude E. Hambrick, Swertfeger, Scott Pike, L. Jack Swertfeger, W. Fred Orr, for appellee.


Code Ann. § 81A-156 (h) (Ga. L. 1967, pp. 226, 238), invoked by the appellee in its motion to dismiss the appeal, states in part: "An order denying summary judgment is not subject to review by direct appeal or otherwise, unless within 10 days of the order of denial the trial judge certifies that the order denying summary judgment as to any issue or as to any party should be subject to review, in which case such order shall be subject to review by direct appeal." Such certification was not made in this case. See Davis v. Holt, 224 Ga. 55 ( 159 S.E.2d 403). As a matter of fact it should be made use of only sparingly in close cases where real doubt exists as to the merits of the motion. Otherwise, routine certification by trial courts of the appealability of orders denying motions for summary judgment might well annul the legislative intent as to Section (h), the purpose of which was to do away with unnecessary delay and to assist the flow of cases toward a trial on their merits.

Appeal dismissed. Jordan, P. J., and Pannell, J., concur.

SUBMITTED APRIL 3, 1968 — DECIDED MAY 3, 1968.


Summaries of

C a Land Company v. Wilson Construction Corp.

Court of Appeals of Georgia
May 3, 1968
161 S.E.2d 922 (Ga. Ct. App. 1968)
Case details for

C a Land Company v. Wilson Construction Corp.

Case Details

Full title:C A LAND COMPANY v. WILSON CONSTRUCTION CORPORATION. CHATHAM v. WILSON…

Court:Court of Appeals of Georgia

Date published: May 3, 1968

Citations

161 S.E.2d 922 (Ga. Ct. App. 1968)
161 S.E.2d 922

Citing Cases

Levenson v. Barutio

WHITMAN, Judge. An appeal, as in this case, from the denial of a motion to dismiss a complaint is not an…

Hollis v. Lipp

The trial court's denial of summary judgment was so clearly correct that it would have been preferable not to…