Tenneco Oil Company v. Mullis

Full title: TENNECO OIL COMPANY v. MULLIS

Court: Court of Appeals of Georgia

Date published: Oct 24, 1968

164 S.E.2d 312 (Ga. Ct. App. 1968)

164 S.E.2d 312

Opinion

43975.

SUBMITTED OCTOBER 9, 1968.

DECIDED OCTOBER 24, 1968.

Appellate procedure. Laurens State Court. Before Judge White.

Eric L. Jones, Paul J. Jones, Jr., for appellant.

Maurice Byers, for appellee.

JORDAN, Presiding Judge.

An appeal from an order overruling a motion to dismiss a complaint for failure to state a claim upon which relief can be granted, not certified by the lower court within ten days of entry thereof for immediate review, is not subject to direct appeal. See Section 1 of the Appellate Practice Act of 1965, as amended (Ga. L. 1965, p. 18; Ga. L. 1968, pp. 1072, 1073; Code Ann. § 6-701); Rockmart Finance Co. v. High, 118 Ga. App. 351 ( 163 S.E.2d 758); Nugent v. Willis, 118 Ga. App. 335.

Appeal dismissed. Pannell and Deen, JJ., concur.

SUBMITTED OCTOBER 9, 1968 — DECIDED OCTOBER 24, 1968.