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Levenson v. Barutio

Court of Appeals of Georgia
May 12, 1970
175 S.E.2d 162 (Ga. Ct. App. 1970)

Opinion

44988.

SUBMITTED JANUARY 5, 1970.

DECIDED MAY 12, 1970.

Appellate procedure. Fulton Civil Court. Before Judge Tidwell.

Robert Carpenter, LeRoy C. Hobbs, for appellant.

Haas, Holland, Freeman, Levison Gibert, Richard D. Flexner, for appellee.


An appeal, as in this case, from the denial of a motion to dismiss a complaint is not an appealable judgment absent a certificate for review. Tenneco Oil Co. v. Mullis, 118 Ga. App. 540 ( 164 S.E.2d 312); Osborne v. Welch, 119 Ga. App. 853 ( 168 S.E.2d 897), and citations. Certifications for immediate review by trial judges should be given sparingly and only in close cases where real doubt exists as to the merits of the motion, otherwise they become only a vehicle for delay. C A Land Co. v. Wilson Constr. Corp., 117 Ga. App. 744 ( 161 S.E.2d 922).

The motion to dismiss the appeal is granted.

Appeal dismissed. Bell, C. J., and Quillian, J., concur.

SUBMITTED JANUARY 5, 1970 — DECIDED MAY 12, 1970.


Summaries of

Levenson v. Barutio

Court of Appeals of Georgia
May 12, 1970
175 S.E.2d 162 (Ga. Ct. App. 1970)
Case details for

Levenson v. Barutio

Case Details

Full title:LEVENSON, Trustee v. BARUTIO

Court:Court of Appeals of Georgia

Date published: May 12, 1970

Citations

175 S.E.2d 162 (Ga. Ct. App. 1970)
121 Ga. App. 747

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