Department of Transportation v. Defoor

I reluctantly concur with Presiding Judge Deen’s dissent to the effect that the trial court’s order consolidating these two condemnation cases should be reversed. I say “reluctantly” because for the reasons stated by the trial judge and for the reasons stated in the majority opinion, these two cases should be consolidated in the interest of justice as well as to promote judicial economy. However, Section 42 (a) of our Civil Practice Act (OCGA § 9-11-42 (a)) provides as follows: “When actions involving a common question of law or fact are pending before the court, if the parties consent, the…