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Autumn Breeze Nursing Home, Inc. v. Hale

Court of Appeals of Georgia
Jan 24, 1980
265 S.E.2d 79 (Ga. Ct. App. 1980)

Opinion

59173.

ARGUED JANUARY 8, 1980.

DECIDED JANUARY 24, 1980.

Action on account. Cobb State Court. Before Judge Robinson.

Robert A. Falanga, for appellant.

Charles L. Day, for appellee.


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 S.E.2d 130).

Appeal dismissed. Shulman and Carley, JJ., concur.


ARGUED JANUARY 8, 1980 — DECIDED JANUARY 24, 1980.


Summaries of

Autumn Breeze Nursing Home, Inc. v. Hale

Court of Appeals of Georgia
Jan 24, 1980
265 S.E.2d 79 (Ga. Ct. App. 1980)
Case details for

Autumn Breeze Nursing Home, Inc. v. Hale

Case Details

Full title:AUTUMN BREEZE NURSING HOME, INC. v. HALE

Court:Court of Appeals of Georgia

Date published: Jan 24, 1980

Citations

265 S.E.2d 79 (Ga. Ct. App. 1980)
265 S.E.2d 79