Barlow v. Yenkosky

Birdsong, Judge.

Barlow brought suit against J. P. Yenkosky and Judge R. M. Jones, a justice of the peace in Houston County, alleging malicious abuse of process. The trial court denied Barlow’s motion for summary judgment against Yenkosky and Judge Jones, and granted Judge Jones’ motion for summary judgment. Barlow’s appeal is unaccompanied by an appropriate certificate of immediate review, as contemplated by Code Ann. § 6-701 (a) 2. Held:

1. "Denial of [a motion for] summary judgment is not reviewable by the appellate courts in the absence of a timely certificate of immediate review or the…