Legal Opinion
Robertson v. Barber
Supreme Court of Georgia
Decided October 5, 1972No. 27310PublishedCited by 4 opinions
1Opinion of the Court
Jordan, Justice.
It affirmatively appearing from the motion to dismiss that the litigation which Robertson sought to stay has not been concluded, in view of the notice of appeal filed by Robertson in that case, the present appeal does not involve a moot issue. Instead, under the facts as shown to this court the ultimate disposition of the other litigation is dependent upon the action in the superior court based on the ruling in Division 2 of this opinion. The motion to dismiss the present appeal is without merit.
The dilemma here shown is by no means novel. While Code § 55-108 recognizes…
2Cases cited5 opinions
- Kirkpatrick v. HollandSupreme Court of Georgia · 1919
- Otis v. Graham Paper Co.Supreme Court of Georgia · 1939
- Carswell v. ScottSupreme Court of Georgia · 1969
- Smith v. WoodSupreme Court of Georgia · 1929
- Massachusetts Bonding & Insurance v. Lowenstein Investment Co.Supreme Court of Georgia · 1921
3Cited by4 opinions
- Brown v. Techdata Corp.Supreme Court of Georgia · 1977
- Bernath v. MalloySupreme Court of Georgia · 1977
- Troop Construction Corp. v. DavisSupreme Court of Georgia · 1982
- Richardson v. First National BankSupreme Court of Georgia · 1978