Charles R. Wallace, Jr. v. Djuan Gray
Charles R. Wallace, Jr. v. Djuan Gray
Opinion
Court of Appeals of the State of Georgia ATLANTA,____________________ May 18, 2016 The Court of Appeals hereby passes the following order: A16A0690. WALLACE v. GRAY.
Appellee Djuan Gray has moved to dismiss this appeal. In Rivera v. Washington, __ Ga. __ (Case No. S15G0887, decided March 25, 2016), the Georgia Supreme Court held that the denial of a motion to dismiss based upon an immunity defense is not subject to direct appeal. “Such a judicial determination presumptively applies retroactively to all cases in the ‘pipeline’. [Cits.]” Murphy v. Murphy, 295 Ga. 376, 379 (761 SE2d 53) (2014).
The motion to dismiss is GRANTED and the appeal dismissed for lack of jurisdiction.
Court of Appeals of the State of Georgia 05/18/2016 Clerk’s Office, Atlanta,____________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court hereto affixed the day and year last above written.
, Clerk.
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