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119 Ga. App. 752

Selman's Express, Inc. v. Wright

Court of Appeals of Georgia

Decided May 29, 1969

Court of Appeals of Georgia · decided 1969-05-29

Cited by 2 later decisions — most recently June 1986

2 state decisions

Relies on 118 Ga. App. 351 - Rockmart Finance Company v. High · 118 Ga. App. 524 - State Highway Department v. Rosenfeld · 118 Ga. App. 346 - Babb v. International Shoe Company

Good law ✅— No negative treatment on recordhow we know

Decided 1969-05-29

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Pm Curiam.

¶1Because of the failure of the jury to agree on a verdict, the trial of this suit resulted in a mistrial. There is no final judgment in the case. Defendants took this appeal from the decision of the trial court denying their motion for a directed verdict. This is not a judgment or decision from which an appeal may be taken because (1) the case is still pending in the court below; (2) the record contains no certificate of the trial judge certifying that the decision appealed from is of such importance to the case that immediate review should be had; and (3) it is not one of those specifically de*753scribed judgments from which appeal is permitted by Sub-paragraph 3 of Section 1 (a) of the Appellate Practice Act, Ga. L. 1965, p. 18, as amended by Ga. L. 1968, pp. 1072, 1073 (Code Ann. § 6-701 (a)). Babb v. International Shoe Co., 118 Ga. App. 346 (163 SE2d 893); Rockmart Finance Co. v. High, 118 Ga. App. 351 (163 SE2d 758); State Hwy. Dept. v. Rosenfeld, 118 Ga. App. 524 (164 SE2d 259).

Argued March 4, 1969Decided May 29, 1969.Nall, Miller, Cadenhead & Dennis, Dennis J. Webb, for appellants.Telford, Wayne & Stewart, David G. Mercer, for appellee.

¶2Appeal dismissed.

Bell, P. J., Eberhardt and Deen, JJ., concur.
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