Whisenhunt v. Allen Parker Co.
Court of Appeals of Georgia
1Opinion of the Court
Quillian, Judge.
The appellee moves to dismiss the appeal on the ground that it is premature since a counterclaim is still undisposed of.
It is true that ordinarily an appeal is premature where the case remains pending. However, the Civil Practice Act now provides with regard to summary judgments: “An order granting summary judgment on any issue, or as to any party, shall be subject to review by appeal.” Code Ann. § 81A-156 (h) (Ga. L. 1966, pp. 609, 660; 1967, pp. 226, .238). “Review of orders and judgments with respect to motions for summary judgment shall be governed by Section 56 (h), as…
Also in this document: Concurrence.
2Cases cited10 opinions
- Holland v. Sanfax CorporationCourt of Appeals of Georgia · 1962
- Colonial Stores, Inc. v. TurnerCourt of Appeals of Georgia · 1968
- Watkins v. Nationwide Mutual Fire InsuranceCourt of Appeals of Georgia · 1966
- International Brotherhood of Boilermakers v. NewmanCourt of Appeals of Georgia · 1967
- Shadix v. DowdneyCourt of Appeals of Georgia · 1968
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3Cited by49 opinions
- MBank El Paso, N.A. v. SanchezTexas Supreme Court · 1992
- Central of Georgia Railway Co. v. Woolfolk Chemical Works, Ltd.Court of Appeals of Georgia · 1970
- Deavers v. StandridgeCourt of Appeals of Georgia · 1978
- Alexander v. Boston Old Colony InsuranceCourt of Appeals of Georgia · 1972
- LuAllen v. Home Mission Board of Southern Baptist ConventionCourt of Appeals of Georgia · 1972
44 more not listed; retrieve them via the Exa API.