Wright v. Millines, 442 S.E.2d 304 (Ga. Ct. App. 1994). · Go Syfert
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Wright v. Millines, 442 S.E.2d 304 (Ga. Ct. App. 1994). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 1998 · …premature as there is no final judgment and the case remains pending in the trial court, albeit the superior court of douglas county to which the case was transferred rather than the superior court of fulton county where plaintiff filed his notices of appeal. at p. 304 ✓
25 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: In the Interest Of: W.L., a Child (gactapp, 2016-02-18)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) In the Interest Of: W.L., a Child
Ga. Ct. App. · 2016 · confidence medium
Further, Georgia courts have repeatedly held that transfer orders are not appealable orders under OCGA § 5-6-34 (a) (1) because a case transferred from one trial court to another trial court is still “pending in the court below.” See, e.g., Wright v. Millines, 212 Ga. App. 453, 453 ( 442 SE2d 304 ) (1994) (dismissing a direct appeal from the superior court’s order transferring the case to the superior court of a different county, concluding that the appeals were “premature as there is no final judgment and the case remains pending in the trial court”); Griffith v. Ga. Bd. of Dentist…
examined Cited as authority (rule) Lops v. Lops (9×) also: Cited "see"
11th Cir. · 1998 · confidence medium
See Fulton County Dep't of Family and Children Servs. v. Perkins, 244 Ga. 237 , 259 S.E.2d 427 (1978); Wright v. Millines, 212 Ga.App. 453 , 442 S.E.2d 304, 304 (1994); Griffith v. Georgia Bd. of Dentistry, 175 Ga.App. 533 , 333 S.E.2d 647, 647 (1985).
examined Cited as authority (rule) Lops v. Lops (5×) also: Cited "see"
11th Cir. · 1998 · confidence medium
See Fulton County Dep’t of Family and Children Servs. v. Perkins, 259 S.E.2d 427 (Ga. 1978); Wright v. Millines, 442 S.E.2d 304, 304 (Ga. Ct. App. 1994); Griffith v. Georgia Bd. of Dentistry, 333 S.E.2d 647, 647 (Ga. Ct. App. 1985). 27 Community Org. v. Howell, 652 F.2d 1227, 1242 (5th Cir. Unit B Aug. 10, 1981); First Nat’l Bank of Dublin v. Colonial Fire Underwriters Ins.
discussed Cited "see" William Terrence Murray v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Wright v. Millines, 212 Ga. App. 453 ( 442 SE2d 304 ) (1994); Griffith v. Georgia Bd. of Dentistry, 175 Ga. App. 533 ( 333 SE2d 647 ) (1985).
Retrieving the full opinion text from the archive…
WRIGHT
v.
MILLINES (two cases)
A94A1255, A94A1256.
Court of Appeals of Georgia.
Mar 15, 1994.
442 S.E.2d 304
1994 Ga. App. LEXIS 314
Goldstein & Redic, Dennis M. Redic, Patrick R. Matarrese, for appellant., Eason, Kennedy & Associates, Richard B. Eason, Jr., Greer, Klosik & Daugherty, Richard G. Greer, for appellees.
McMurray.
Cited by 7 opinions  |  Published
McMurray, Presiding Judge.

This is a tort action arising from an automobile collision. Plaintiff Wright sued defendant Millines, a Fulton County resident and the driver of the car in which he was a passenger, as well as the driver of the other car, defendant McMichael, a Douglas County resident. Following an earlier appeal in the case, the trial court entered judgment on the jury verdict in favor of plaintiff. Defendant Millines then moved for j.n.o.v. and defendant McMichael moved for a new trial. The trial court granted the motion for j.n.o.v. of defendant Millines and denied defendant McMichael’s motion for new trial. Defendant McMichael then moved for the transfer of the action from Fulton County to Douglas County on the ground that venue was no longer proper. The trial court set aside the verdict against defendant McMichael and transferred the case to the Superior Court of Douglas County.

Plaintiff then filed these two direct appeals. In Case No. A94A1255 appeal is taken from the grant of defendant Millines’ motion for j.n.o.v. Case No. A94A1256 is an appeal from the order trans[*454] ferring the case to Douglas County. Held:

Decided March 15, 1994. Goldstein & Redic, Dennis M. Redic, Patrick R. Matarrese, for appellant. Eason, Kennedy & Associates, Richard B. Eason, Jr., Greer, Klosik & Daugherty, Richard G. Greer, for appellees.

Both appeals are premature as there is no final judgment and the case remains pending in the trial court, albeit the Superior Court of Douglas County to which the case was transferred rather than the Superior Court of Fulton County where plaintiff filed his notices of appeal. There has been no determination that there is no just reason for delay and express direction of final judgment pursuant to OCGA § 9-11-54 (b). Therefore, the orders which plaintiff would appeal are interlocutory and not appealable without compliance with the interlocutory appeal procedure of OCGA § 5-6-34 (b). Griffith v. Ga. Bd. of Dentistry, 175 Ga. App. 533 (333 SE2d 647).

Appeals dismissed.

Pope, C. J., and Smith, J., concur.