Barlow v. Yenkosky, 55842
Decision Date | 28 July 1978 |
Docket Number | No. 55842,55842 |
Citation | 247 S.E.2d 519,146 Ga.App. 872 |
Parties | BARLOW v. YENKOSKY et al. |
Court | Georgia Court of Appeals |
Marvin T. Morrow, Warner Robins, for appellant.
Austin J. Kemp, II, R. Joneal Lee, Warner Robins, for appellees.
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. Heller v. Magaro, 144 Ga.App. 829(1), 242 S.E.2d 722. Therefore, Barlow's appeal from the trial court's denial of his motion for summary judgment is premature and not reviewable.
2. The legal principle governing the trial court's grant of Judge Jones' motion for summary judgment is well-established, and was recently affirmed by the United States Supreme Court: Stump v. Sparkman, 435 U.S. 349, 355, 98 S.Ct. 1099, 1104, 55 L.Ed.2d 331, 338; Upshaw v. Olliver, Dud., 241; Gault v. Wallis, 53 Ga. 675; Long v. Carter, 39 Ga.App. 508(3), 157 S.E. 401. While Judge Jones admitted that his issuance of the warrant, pursuant to which Barlow was arrested, resulted from his mistaken apprehension of the wording of the...
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...758). Heller v. Magaro, 144 Ga.App. 829, 832(1), 242 S.E.2d 722; Randall v. Cruce, 145 Ga.App. 861(2), 245 S.E.2d 28; Barlow v. Yenkosky, 146 Ga.App. 872(1), 247 S.E.2d 519. Based upon the above authority we do not consider the issues raised by the cross-appeal. Nevertheless, it should be o......
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...v. Magaro, 144 Ga.App. 829, 832(1), 242 S.E.2d 722, 724. Accord, Randall v. Cruce, 145 Ga.App. 861(2), 245 S.E.2d 28; Barlow v. Yenkosky, 146 Ga.App. 872, 247 S.E.2d 519. Nevertheless, the Supreme Court has recently considered a case in which a motion to dismiss was granted as to one party ......
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Chamberlain v. Thompson, 65971
...all jurisdiction.' [Cit.]" Stump v. Sparkman, 435 U.S. 349, 356, 98 S.Ct. 1099, 1105, 55 L.Ed.2d 331, 339 (1978); Barlow v. Yenkosky, 146 Ga.App. 872, 247 S.E.2d 519 (1978). OCGA § 15-10-50(a)(2) (Code Ann. § 24-1501) provides that a justice of the peace shall have criminal jurisdiction "in......
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