Tasco Industries, Inc. v. Fibers & Fabrics of Georgia
Tasco Industries, Inc. v. Fibers & Fabrics of Georgia
Opinion of the Court
Direct appeal is taken in this case from an order denying a motion for a stay to conduct arbitration. Such orders are not appealable except under the interlocutory appeal provisions of Code Ann. § 6-701 (Ga. L. 1965, p. 18 through 1979, p. 619). Atlanta News Agency, Inc. v. MacConochie Const. Co., 160 Ga. App. 306 (287 SE2d 314). Therefore the appeal and cross appeal must be dismissed. That portion of Pace Const. Corp. v. Houdaille Indus. Inc., 155 Ga. App. 923 (1) (274 SE2d 44), holding that the denial of such motions is directly appealable, is overruled.
Appeal dismissed.
Dissenting Opinion
dissenting.
I dissent for two reasons. In the first place, our holding in Pace Const. Corp. v. Houdaille Indus. Inc., 155 Ga. App. 923 (1) (274 SE2d 44) (1980) has been tacitly affirmed by the Supreme Court. We
My second reason for dissenting is that where, as in the case before us now, the provisions of the Federal Arbitration Act are invoked, we have an obligation to honor the strong federal policy in favor of arbitration. See West Point-Pepperell, Inc. v. Multi-Line Ind., Inc., 231 Ga. 329 (201 SE2d 452) (1973); Paine, Webber, Jackson & Curtis, Inc. v. McNeal, 143 Ga. App. 579 (1) (239 SE2d 401) (1977). A party who moves for a stay of proceedings pending arbitration pursuant to 9 USCA § 3 may lose his rights under the arbitration agreement altogether if, upon the denial of the motion, he is not afforded the right of direct appeal. Cf. Shanferoke Corp. v. Westchester Svc. Corp., 293 U. S. 449, 453 (55 SC 313, 79 LE 583) (1935).
Reference
- Full Case Name
- TASCO INDUSTRIES, INC. v. FIBERS & FABRICS OF GEORGIA; And Vice Versa
- Cited By
- 6 cases
- Status
- Published