Custom Form Manufacturing Company, Inc. v. Miller

Full title: CUSTOM FORM MANUFACTURING COMPANY, INC. et al. v. MILLER

Court: Court of Appeals of Georgia

Date published: Feb 9, 1981

278 S.E.2d 69 (Ga. Ct. App. 1981)

157 Ga. App. 410

Opinion

61151.

DECIDED FEBRUARY 9, 1981.

Action on note. DeKalb Superior Court. Before Judge Hendon.

Wesley Williams, Gordon W. Jackson, Jr., for appellants.

Gwenn Dorb, for appellee.

McMURRAY, Presiding Judge.

This case involves post judgment discovery under the authority of Code Ann. § 81A-169 (Ga. L. 1966, pp. 609, 667; 1967, pp. 226, 241). This appeal is taken from a post judgment order sustaining in part and denying in part a motion to quash a subpoena for post judgment deposition and production of documents which was served on Richard K. Taylor, Sr., and directed to Taylor individually and to Faucett, Jackson Taylor, P. C. Held:

The record also discloses a subpoena for post judgment deposition and production of documents to Billa S. Faucett. Billa S. Faucett has responded to that subpoena with a motion to quash the subpoena and an affidavit filed in support thereof. There apparently has been no disposition of the Billa S. Faucett motion to quash the subpoena. Therefore, the case is still pending in the trial court and as there is no certificate for immediate review, this appeal is premature and must be dismissed. Strother v. Hill Aircraft Leasing Corp., 142 Ga. App. 206 ( 235 S.E.2d 647); Merck v. Gober, 135 Ga. App. 591 ( 218 S.E.2d 641); Zeesman v. Hobbs, 147 Ga. App. 644 ( 249 S.E.2d 697).

Appeal dismissed. Quillian, C. J., and Pope, J., concur.

McMURRAY, Presiding Judge.

DECIDED FEBRUARY 9, 1981.