Atkins v. Nash

WHICHARD, Judge.

I

The issues presented are whether the court erred in (1) denying defendant’s motion to dismiss on grounds of a prior pending action, and (2) denying defendant’s motion for a change of venue “for the convenience of parties and witnesses.” Our holding, for reasons hereafter set forth, that the court should have granted the first motion, renders consideration of the second issue unnecessary.

II

A threshold question of appealability is presented. Our Supreme Court has treated refusal to abate on grounds of a prior pending action as immediately appealable. E.g., Pittman v. Pittman,…