Dawn Memorial Park v. Southern Cemetery Consultants

Full title: DAWN MEMORIAL PARK, INC. v. SOUTHERN CEMETERY CONSULTANTS OF GEORGIA, INC

Court: Court of Appeals of Georgia

Date published: Jun 10, 1966

149 S.E.2d 760 (Ga. Ct. App. 1966)

149 S.E.2d 760

Opinion

42053.

ARGUED JUNE 9, 1966.

DECIDED JUNE 10, 1966.

Appellate procedure. Fulton Civil Court. Before Judge Williams.

Moreton Rolleston, Jr., for appellant.

William G. Grant, Mitchell, Clarke, Pate Anderson, Stephens Mitchell, for appellee.

JORDAN, Judge.

This is an appeal from the judgment of the trial court overruling the defendant's motion to dismiss count 2 of the plaintiff's petition. Held:

The record before this court discloses that count 1 of the petition is still pending in the trial court. Accordingly, the judgment appealed from is neither a final judgment nor one which would have been final if rendered as contended for by the appellant ( Code Ann. § 6-701); and the appeal must be dismissed as being premature. Code Ann. § 6-809 (b); Johnson v. Henry Co., 178 Ga. 542 ( 174 S.E. 140); Railey v. United Life c. Ins. Co., 25 Ga. App. 301 ( 103 S.E. 184); McFarland v. Lumpkin, 108 Ga. App. 370 ( 133 S.E.2d 117).

Appeal dismissed. Bell, P. J., and Eberhardt, J., concur.

ARGUED JUNE 9, 1966 — DECIDED JUNE 10, 1966.