From Casetext: Smarter Legal Research

Dowdy v. White

Court of Appeals of Georgia
Jun 13, 1969
168 S.E.2d 595 (Ga. Ct. App. 1969)

Opinion

44497.

SUBMITTED MAY 29, 1969.

DECIDED JUNE 13, 1969.

Appellate procedure. Cobb Superior Court. Before Judge Hames.

David H. Fink, for appellant.

Cochran, Camp, Snipes Jose, for appellee.


This appeal was taken "from the judgment of the Superior Court of Cobb County, dated February 6, 1969, overruling respondent's written motion to dismiss appellant's appeal from the Court of Ordinary of Cobb County." The decision thus specified in the notice of appeal is not an appealable judgment because (1) the case is still pending in the court below; (2) the record contains no certificate of the trial judge certifying that the decision appealed from is of such importance to the case that immediate review should be had; and (3) the decision is not one of those specifically described judgments from which appeal is permitted by Sub-paragraph 3 of Section 1 (a) of the Appellate Practice Act, Ga. L. 1965, p. 18, as amended by Ga. L. 1968, pp. 1072, 1073; Code Ann. § 6-701 (a). Babb v. International Shoe Co., 118 Ga. App. 346 ( 163 S.E.2d 893); Selman's Express, Inc. v. Wright, 119 Ga. App. 752.

Appeal dismissed. Bell, P. J., Eberhardt and Deen, JJ., concur.

SUBMITTED MAY 29, 1969 — DECIDED JUNE 13, 1969.


Summaries of

Dowdy v. White

Court of Appeals of Georgia
Jun 13, 1969
168 S.E.2d 595 (Ga. Ct. App. 1969)
Case details for

Dowdy v. White

Case Details

Full title:DOWDY v. WHITE

Court:Court of Appeals of Georgia

Date published: Jun 13, 1969

Citations

168 S.E.2d 595 (Ga. Ct. App. 1969)
168 S.E.2d 595

Citing Cases

Yeazel v. Burger King Corporation

Assuming, but not deciding, that the pending controversy authorized a declaratory judgment directing that BKC…

Norton Realty Loan Company v. Board of Education

An appeal to a jury involves a trial de novo. Code Ann. § 36-612a. That such a certificate is necessary with…