Legal Opinion

Osborne v. Welch

Court of Appeals of Georgia

Decided May 9, 1969No. 44406PublishedCited by 2 opinions

1Opinion of the Court

Felton, Chief Judge.

In the absence of a certificate for immediate review (Code Ann. § 6-701 (2); Ga. L. 1965, p. 18; as amended by Ga. L. 1968, pp. 1072, 1073), the appeal, from the *854orders of the trial court overruling the defendant’s motion to dismiss for failure to state a claim and his motion to dismiss the complaint on the pleadings, is premature and must be dismissed. Goldberg v. Monroe, 224 Ga. 693 (164 SE2d 123); Mize v. Rampey, 224 Ga. 806 (164 SE2d 816); Stewart v. Church, 119 Ga. App. 58 (166 SE2d 436); Housing Authority of the City of Decatur v. Baker, 119 Ga. App. 109 (166 SE2d…

2Cases cited4 opinions

  1. Goldberg v. MonroeSupreme Court of Georgia · 1968
  2. Housing Authority v. BakerCourt of Appeals of Georgia · 1969
  3. Mize v. RampeySupreme Court of Georgia · 1968
  4. Stewart v. ChurchCourt of Appeals of Georgia · 1969

3Cited by2 opinions

  1. Howard Barnwell, Jr., a Minor, by Next Friend, Patricia Barnwell v. Sam L. Cordle, Administrator of the Estate of Howard Barnwell, Sr., DeceasedCourt of Appeals for the Fifth Circuit · 1971
  2. Levenson v. BarutioCourt of Appeals of Georgia · 1970

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