Tenneco Oil Company v. Mullis

Jordan, Presiding Judge. An appeal from an order overruling a motion to dismiss a complaint for failure to state a claim upon which relief can be granted, not certified by the lower court within ten days of entry thereof for immediate review, is not subject to direct appeal. See Section 1 of the Appellate Practice Act of 1965, as amended (Ga. L. 1965, p. 18; Ga. L. 1968, pp. 1072, 1073; Code Ann. § 6-701); Rockmart Finance Co. v. High, 118 Ga. App. 351 (163 SE2d 758); Nugent v. Willis, 118 Ga. App. 335. Appeal dismissed. Pannell and Deen, JJ., concur. *541 Submitted October 9, 1968 Decided October 24, 1968. Eric L. Jones, Paul J. Jones, Jr., for appellant. Maurice Byers, for appellee.