Legal Opinion · Concurrence

Godfrey v. Kirk

Court of Appeals of Georgia

Decided February 11, 1982No. 62944, 62945Published

1ConcurrenceBanke, Judge

I concur fully in the judgment reached by the majority in both these appeals. However, I do not agree with the majority’s unqualified statement in Division 2 (a) that the denial of a traverse to a garnishment is not appealable in and of itself. Our decisions are in conflict on this point. In Herring v. Herring, 143 Ga. App. 286 (1) (238 SE2d 240) (1977), we held that such an order is appealable if it resolves all of the issues in the case and leaves the parties with no further recourse in the trial court. This conclusion was based on the language of Code Ann. § 6-701 (a) (1) (as amended…

2Cases cited7 opinions

  1. Theo v. Department of TransportationCourt of Appeals of Georgia · 1981
  2. Caswell v. CaswellCourt of Appeals of Georgia · 1981
  3. Herring v. HerringCourt of Appeals of Georgia · 1977
  4. Marbut Co. v. Capital City BankCourt of Appeals of Georgia · 1979
  5. Knox v. KnoxCourt of Appeals of Georgia · 1979

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API