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HULSEY v. SMITH et al.

ALMAND, Presiding Justice.

The sole enumeration of error is that the court on the presentation of a petition by the appellees issued a rule nisi ordering the appellant to show cause why a temporary injunction should not be granted, and it granted a temporary restraining order ex parte. The appellees have filed a motion to dismiss the appeal as being premature. Held:

Motion to dismiss is granted. Sec. 1 (a) of the Appellate Practice Act of 1965 (Ga. L. 1965, p. 18; Code Ann. § 6-701) provides appeals may be taken "1. [w]here the judgment is final — that is to say — where the cause is no longer pending in the court below" and "3... . from all judgments or orders rendered after hearing, continuing in effect ... or refusing to continue ... a temporary restraining order." The present appeal is not from a final judgment nor was the judgment an interlocutory injunction granted after a hearing.

Appeal dismissed. All the Justices concur.

SUBMITTED JULY 10, 1967 — DECIDED JULY 14, 1967.
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HULSEY v. SMITH
(Jul 14, 1967)