Foshee v. Southern Finance & Thrift Corp.

OPINION

GODDARD, Presiding Judge.

The principal — and, in our view, the determinative — issue presented in this Rule 9 Interlocutory appeal is whether a plea of double jeopardy in which the underlying criminal prosecution was dismissed on the ground that the Trial Court erroneously granted a mistrial in the first criminal case is a termination favorable to the Plaintiff.

The Trial Court held that it was and overruled the Defendants’ motion for summary judgment, resulting in this appeal.

At the outset, we observe there are procedural defects in the Defendants’ attempt to appeal.

First, it does not…