Opinion · Court of Appeals of Georgia
Boyd v. State
Boyd v. State, 191 Ga. App. 435 (Ga. Ct. App. 1989)
- Type
- Opinion
- Court
- Court of Appeals of Georgia
- Jurisdiction
- Georgia
- Date
- 1989-04-10
- Topic
- general
How later courts describe this case
- an application for interlocutory review is required to appeal a trial court order entered in a case that remains pending before the trial court
Citator
UpLaw has not yet analyzed Boyd v. State. The absence of a flag is not a finding that it is good law.
- Cited by
- 211 opinions
Defendant was charged, via accusation, with abandoning his two minor children, OCGA § 19-10-1. Defendant filed a motion to dismiss the accusation, asserting the general grounds. The trial court denied the motion to dismiss and this direct appeal followed. Held:
The overruling of defendant’s motion to dismiss the accusation, which leaves the case pending for trial, is not a final judgment from which appeal can be taken, absent a certificate of immediate review. OCGA § 5-6-34; Partain v. State, 138 Ga. App. 171, 172 (225 SE2d 736). Consequently, since defendant has not complied with the interlocutory appeal procedure prescribed by OCGA § 5-6-34 (b), this appeal must be dismissed.
Appeal dismissed.
Carley, C. J., and Beasley, J., concur.