Richard's Buick, Inc. v. Sease

Full title: RICHARD'S BUICK, INC. v. SEASE

Court: Court of Appeals of Georgia

Date published: Jun 20, 1967

116 Ga. App. 232 (Ga. Ct. App. 1967)

156 S.E.2d 365

Opinion

42865.

ARGUED JUNE 8, 1967.

DECIDED JUNE 20, 1967. REHEARING DENIED JULY 26, 1967.

Appellate procedure. Richmond Superior Court. Before Judge Kennedy.

Fulcher, Fulcher, Hagler, Harper Reed, E. D. Fulcher, A. Montague Miller, for appellant.

Hull, Towill Norman, R. Lawton Jordan, Jr., for appellee.

DEEN, Judge.

The sustaining or overruling of a plea in abatement on the ground that there is another suit pending between the same parties on the same cause of action is not a final judgment from which an appeal can be taken. Almon v. R. H. Macy Co., 103 Ga. App. 372 ( 119 S.E.2d 140); Scarborough v. Portress, 111 Ga. App. 875 ( 143 S.E.2d 555). Nothing in Code Ann. § 6-701 (Ga. L. 1965, p. 18) operates to change this rule. The appeal must accordingly be

Dismissed. Jordan, P. J., and Quillian, J., concur.

ARGUED JUNE 8, 1967 — DECIDED JUNE 20, 1967 — REHEARING DENIED JULY 26, 1967 — CERT. APPLIED FOR.