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Georgia Court of Appeals, 1967

Richard's Buick, Inc. v. Sease

Richard's Buick, Inc. v. Sease
Georgia Court of Appeals · Decided June 20, 1967 · Debn, Jordan, Quillian
156 S.E.2d 365; 116 Ga. App. 232; 1967 Ga. App. LEXIS 757 (South Eastern Reporter, Second Series)

Richard's Buick, Inc. v. Sease

Opinion

Debn, 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 SE2d 140); Scarborough v. Portress, 111 Ga. App. 875 (143 SE2d 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.

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