Legal Opinion

Kilgore v. KENNESAW FINANCE COMPANY OF DOUGLASVILLE

Court of Appeals of Georgia

Decided February 7, 1973No. 47586PublishedCited by 4 opinions

1Opinion of the Court

Clark, Judge.

This appeal is brought by defendants below enumerating error upon a judgment which sustained plaintiffs motion to dismiss their counterclaim. Although no dismissal motion was filed in this court by appellee, we are required to act ex mero motu when we lack jurisdiction. Code Ann. § 24-3619 (d). Motels, Inc. v. Shadrick, 96 Ga. App. 464 (100 SE2d 592).

Unless a judgment is final this court does not have the power to rule upon an appeal in the absence of a certificate from the trial judge stating that "such order, decision or judgment is of such importance to the case that immediate…

2Cases cited4 opinions

  1. Cook v. PeeplesSupreme Court of Georgia · 1971
  2. Motels, Inc. v. ShadrickCourt of Appeals of Georgia · 1957
  3. Hood v. AkinsCourt of Appeals of Georgia · 1966
  4. Melton v. GriderCourt of Appeals of Georgia · 1969

3Cited by4 opinions

  1. Lowe v. PayneCourt of Appeals of Georgia · 1973
  2. Kent v. BrownCourt of Appeals of Georgia · 1999
  3. Spikes v. CARTER REALTY COMPANYCourt of Appeals of Georgia · 1975
  4. Richert v. HILL AIRCRAFT & LEASING CORPORATIONCourt of Appeals of Georgia · 1976

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