Kelley v. Carpet Sales Company

Full title: KELLEY v. CARPET SALES COMPANY et al

Court: Court of Appeals of Georgia

Date published: Jun 25, 1970

176 S.E.2d 671 (Ga. Ct. App. 1970)

176 S.E.2d 671

Opinion

45418.

SUBMITTED JUNE 9, 1970.

DECIDED JUNE 25, 1970. REHEARING DENIED JULY 15, 1970.

Appellate procedure. Cobb Civil and Criminal Court. Before Judge White.

Gilbert Carter, Fred A. Gilbert, for appellant.

Arthur L. Crowe, Jr., for appellees.

HALL, Presiding Judge.

Defendant Kelley appeals from the denial of a motion to strike portions of the defensive pleadings of the co-defendant Read which claim damages against Kelley resulting from an alleged partnership. The appellee filed a motion to dismiss the appeal for the reason there was no certificate by the trial court for an immediate appeal of this pre-trial order. The appeal being premature, the motion is granted. See Rockmart Finance Co. v. High, 118 Ga. App. 351 ( 163 S.E.2d 758). On the question of interlocutory appeals see also Consolidated Pecan Sales Co. v. Savannah Bank c. Co., 121 Ga. App. 40 ( 172 S.E.2d 487); Reaves, Appellate Practice, 21 Mercer Law Rev. 257, 259 (1970).

Appeal dismissed. Deen and Evans, JJ., concur.

SUBMITTED JUNE 9, 1970 — DECIDED JUNE 25, 1970 — REHEARING DENIED JULY 15, 1970 — CERT. APPLIED FOR.