Nugent v. Willis
| Decision Date | 09 September 1968 |
| Docket Number | No. 43712,No. 2,43712,2 |
| Citation | 163 S.E.2d 891,118 Ga.App. 335 |
| Parties | J. L. NUGENT v. Ruth B. WILLIS et al |
| Court | Georgia Court of Appeals |
Falligant, Doremus, Karsman & Maurice, Ogden Doremus, Savannah, Swift, Currie, McGhee & Hiers, Albert E. Phillips, Atlanta, for appellant.
Usher & Haupt, Reginald C. Haupt, Jr., Savannah, for appellees.
Syllabus Opinion by the Court
John L. Nugent, defendant in the court below, appealed to this court from an order overruling his motion to dismiss, motion for judgment on the pleadings, and objections to request for admissions. The notice of appeal was filed on April 8, 1968. Held:
Under the Appellate Practice Act of 1965 (Ga.L.1965, p. 18; Code Ann. § 6-701) appeals could be taken: 1) However, on April 8, 1968, the same day this appeal was filed, an act of the legislature was approved amending the Appellate Practice Act. Under the authority of Scott v. Oxford, 105 Ga.App. 301, 304, 124 S.E.2d 420; Crawford v. Irwin, 211 Ga. 241, 245(2), 85 S.E.2d 8 and Hill v. Willis, 224 Ga. 263, 161 S.E.2d 281, it is apparent that the 1968 Amendment would be applicable to this appeal.
As now written, appeals may be taken: 1) where the judgment is final, and 2) 'where the trial judge in rendering an order, decision or judgment not otherwise subject to direct appeal, certifies within ten (10) days of entry thereof that such order, decision or judgment is of such importance to the case that immediate review should be had.' (Ga.L.1968, pp. 1072, 1073). The instant appeal was not from a final order and there is nothing in the record to indicate that the trial judge, within 10 days of entering the order complained of, certified that the order was of such importance to the case that immediate review should be had. Thus, the appeal in the present case was premature and must be dismissed.
Appeal dismissed.
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...there is no final ruling upon an issue by the trial court, there is nothing for the appellate court to pass upon (Nugent v. Willis, 118 Ga.App. 335, 336, 163 S.E.2d 891), for this court is a court for the correction of errors made in the trial court. Velkey v. Grimes, 214 Ga. 420, 421, 105 ......
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Pascoe Steel Corp. v. Turner County Bd. of Ed., 52145
...Thus, the issue raised is premature, since there is no final order or ruling of the trial court as to that issue. Nugent v. Willis, 118 Ga.App. 335, 336, 163 S.E.2d 891. 4. A careful examination of the record in this case indicates that the plaintiff filed a second amendment to its complain......
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