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RICHARD'S BUICK, INC. v. SEASE

Court of Appeals of Georgia.
Jun 20, 1967

DEEN, Judge.

The sustaining or overruling of a plea in abatement on the ground that there is another suit pending between the same parties on the same cause of action is not a final judgment from which an appeal can be taken. Almon v. R. H. Macy Co., 103 Ga. App. 372 ( 119 S.E.2d 140); Scarborough v. Portress, 111 Ga. App. 875 ( 143 S.E.2d 555). Nothing in Code Ann. ยง 6-701 (Ga. L. 1965, p. 18) operates to change this rule. The appeal must accordingly be

Dismissed. Jordan, P. J., and Quillian, J., concur.

ARGUED JUNE 8, 1967 โ€” DECIDED JUNE 20, 1967 โ€” REHEARING DENIED JULY 26, 1967 โ€” CERT. APPLIED FOR.