LeCraw v. L. P. D., Inc., 42175
| Decision Date | 07 September 1966 |
| Docket Number | No. 42175,No. 3,42175,3 |
| Citation | 114 Ga.App. 281,150 S.E.2d 927 |
| Parties | John W. LeCRAW, Jr. v. L.P.D., INC |
| Court | Georgia Court of Appeals |
Barber & Rambo, Olin Rambo, Atlanta, for appellant.
Rose & Silverman, George S. Stern, Atlanta, for appellee.
Syllabus Opinion by the Court
This is an appeal from the order of the trial court denying the defendant's motion to reconsider a previous order of court overruling the defendant's general and special demurrers to the plaintiff's petition. Held:
The judgment appealed from in the notice of appeal filed by the appellant is neither a final judgment nor one which would have been final if rendered as contended for by the appellant for the reason that if the trial court had granted the motion to reconsider, the status of the case in the court below would not have been changed in any way until a subsequent order was rendered after reconsideration vacating the original judgment and entering a contrary ruling. Accordingly, the judgment appealed from not being an appealable judgment under Sec. 1 of the Appellate Practice Act of 1965 (Ga.L.1965, p. 18; Code Ann. § 6-701) and no appeal having been taken from the previous judgment of the trial court overruling the defendant's general demurrer to the petition, this court is without jurisdiction to review the enumeration of error, and the appeal must be dismissed as authorized by Sec. 13(b) of the Act (Ga.L.1965, pp. 18, 29; Code Ann. § 6-809). Birdwell v. Pippen, 113 Ga.App. 202, 147 S.E.2d 673.
Appeal dismissed.
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McQueen v. Wilson, 43182
...judgment dismissing the case was not appealed from within 30 days. This court is of the opinion that the case of LeCraw v. L.P.D., Inc., 114 Ga.App. 281, 150 S.E.2d 927, and like cases are not controlling where in analogous situations motions for reconsideration were filed, for the reason t......
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Jabaley v. Jabaley
...final judgment (see Sears, supra) and thus, is not an appealable decision within the meaning of OCGA § 5-3-2(a). Cf. LeCraw v. L.P.D., Inc., 114 Ga.App. 281, 150 S.E.2d 927. Nor will such a motion extend the date for filing a notice of appeal under the plain and literal language of OCGA § 5......
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Lloyd Industries, Inc. v. O'Neal Steel, Inc., 43273
...Practice Act. Ga.L.1965, p. 18; Code Ann. § 6-701. See Birdwell v. Pippen, 113 Ga.App. 202, 147 S.E.2d 673; LeCraw v. L.P.D., Inc., 114 Ga.App. 281, 150 S.E.2d 927. Accordingly, this court is without jurisdiction to review the enumerated Appeal dismissed. FELTON, C.J., BELL, P.J., and HALL,......
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Long v. Long
...to reconsider had not carried a prayer that the judgment be vacated and set aside this position might have merit. LeCraw v. L.P.D., Inc., 114 Ga.App. 281, 150 S.E.2d 927. But since there was a prayer to set the judgment aside with a rule nisi thereon, we conclude that there was no final jud......