Pazol v. Citizens Nat. Bank of Sandy Springs
| Citation | 112 Ga.App. 161,144 S.E.2d 117 |
| Decision Date | 15 July 1965 |
| Docket Number | No. 1,No. 41355,41355,1 |
| Parties | Sidney PAZOL v. CITIZENS NATIONAL BANK OF SANDY SPRINGS |
| Court | United States Court of Appeals (Georgia) |
Parker & Parker, Richard L. Parker, Melvin Pazol, Atlanta, for plaintiff in error.
Alston, Miller & Gaines, Hewitt H. Covington, Michael A. Doyle, Atlanta, for defendant in error.
Syllabus Opinion by the Court
It appearing from the additional record, certified and sent to this court on the motion of the defendant in error, that the defendant's motion to set aside the judgment which is excepted to in this case (the granting of the summary judgment in favor of the plaintiff) was still pending in the trial court at the time the purported bill of exceptions was certified, although said motion was subsequently denied, there was no exception to a final judgment, therefore the writ of error was premature and must be dismissed. Code Ann. § 6-701; State Bank of Leesburg v. Hatcher, 106 Ga.App. 735, 128 S.E.2d 339; Fulton v. Chattanooga Pub. Co., 98 Ga.App. 473, 105 S.E.2d 922; Todd v. Douglas-Guardian Warehouse Corp., 98 Ga.App. 673, 106 S.E.2d 357; Wood v. Sheppard, 99 Ga.App. 537, 109 S.E.2d 69.
In addition to the fact that the motion to set aside the summary judgment was pending at the time of the exception to the summary judgment itself, the court in its nisi on the motion to vacate the summary judgment stayed all proceedings to enforce the summary judgment. It is apparent that an additional ruling was required by the court to make a final termination of the case.
Writ of error dismissed.
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McQueen v. Wilson, 43182
...set aside the judgment is entertained, the order thereon is the final appealable judgment in the case. Pazol v. Citizens National Bank of Sandy Springs, 112 Ga.App. 161, 144 S.E.2d 117. The motion is 2. The Civil Court of Fulton County has no jurisdiction over direct or indirect injuries to......
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Long v. Long
...there was no final judgment from which an appeal could be entered until that motion was disposed of. Pazol v. Citizens National Bank of Sandy Springs, 112 Ga.App. 161, 144 S.E.2d 117; State Bank of Leesburg v. Hatcher, 106 Ga.App. 735, 128 S.E.2d 339. In any event, however, it would appear ......
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Home Ins. Co. v. Fort Valley Mills, Inc.
...864. The appeal is not brought to maturity or perfected by the subsequent overruling of the motion for new trial. Pazol v. Citizens Nat. Bank, 112 Ga.App. 161, 144 S.E.2d 117; Kurtz v. State, 115 Ga.App. 665, 155 S.E.2d 735; Hayes v. State, 116 Ga.App. 260, 157 S.E.2d 30. Appeal dismissed. ......
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Lamas Co. v. Baldwin, 43761
...99 Ga.App. 537, 109 S.E.2d 69; State Bank of Leesburg v. Hatcher, 106 Ga.App. 735, 128 S.E.2d 339; Pazol v. Citizens National Bank of Sandy Springs, 112 Ga.App. 161, 144 S.E.2d 117; Kurtz v. State, 115 Ga.App. 665(1), 155 S.E.2d It should be noted that there was no order of the trial judge ......