Phillips Construction Co. v. Cowart Iron Works, Inc.
Phillips Construction Co. v. Cowart Iron Works, Inc.
Opinion of the Court
Phillips Construction Company, Inc. (Phillips) entered into a contract with the owner, Donald Golden (Golden), to construct the Richmond Plaza Shopping Center. Cowart Iron Works, Inc. (Cowart) and Rembrant, Inc. (Rembrant) subcontracted with Phillips to work on the project. In separate actions, Cowart and Rembrant sued
Appellees Golden and Rembrant moved to dismiss the appeals on the grounds that the order of the trial court is not a final judgment and appellants have failed to comply with the interlocutory review procedure found in Code Ann. § 6-701. This court has recently overruled Pace Const Corp. v. Houdaille Indus., 155 Ga. App. 923, 924 (274 SE2d 44) (1980) and held that there is no direct appeal from an order denying a motion to stay proceedings pending arbitration. Tasco Industries v. Fibers & Fabrics, 162 Ga. App. 593 (292 SE2d 439) (1982). We note that the substance of this case is controlled by Prince Faisal v. Batson Cook Co., 161 Ga. App. 219 (291 SE2d 249) (1982); however, we have no choice but to dismiss the appeals.
Appeals dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.