Georgia Court of Appeals, 1966

Dawn Memorial Park, Inc. v. Southern Cemetery Consultants of Georgia, Inc.

Georgia Court of Appeals · Decided June 10, 1966 · No. 42053 · Jordan

113 Ga. App. 814; 149 S.E.2d 760; 1966 Ga. App. LEXIS 1213

Cases that cite this one

2 later published cases cite this decision.

Dawn Memorial Park, Inc. v. Southern Cemetery Consultants of Georgia, Inc. (Ga. Ct. App. 1967)
Anderson County School District 1 v. Anderson County Board of Education (S.C. Ct. App. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Jordan, Judge.

This is an appeal from the judgment of the trial court overruling the defendant’s motion to dismiss count 2 of the plaintiff’s petition. Held:

The record before this court discloses that count 1 of the petition is still pending in the trial court. Accordingly, the judgment appealed from is neither a final judgment nor one which would have been final if rendered as contended for by the appellant (Code Ann. § 6-701); and the appeal must be dismissed as being premature. Code Ann. § 6-809 (b); Johnson v. Henry & Co., 178 Ga. 542 (174 SE 140); Bailey v. United Life &c. Ins. Co., 25 Ga. App. 301 (103 SE 184); McFarland v. Lumpkin, 108 Ga. App. 370 (133 SE2d 117).

Appeal dismissed.

Bell, P. J., and Eberhardt, J., concur.

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