First Christ Holiness Church, Inc. v. Owens Temple First Christ Holiness Church, Inc.

I concur fully in the majority’s conclusion that the trial court’s order amounted to a dismissal for failure to comply with OCGA § 9-11-17; that such a dismissal constitutes the grant of a plea in abatement; that, as such, the appeal of the dismissal order cannot be brought under OCGA § 9-11-56 (h); and that, accordingly, the appeal must be dismissed due to appellant’s failure to comply with the interlocutory appeal procedures prescribed in OCGA § 5-6-34 (b). I write separately only to note that I believe it unnecessary to disapprove, as the majority’s opinion does, the Court of Appeals’…