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Edokpolor Et Al.v.Grady Memorial Hospital Corporation

CourtSupreme Court of Georgia
Docket No.S17G0429
DecidedDecember 11, 2017
JudgesSupreme Court of Georgia
Tags
CivilCivil ProcedureSummary JudgmentAppellate ProcedureInterlocutory AppealReversalRemand
Case Summary

Patrick and Linda Edokpolor sued Grady Memorial Hospital Corporation for the wrongful death of their decedent. The trial court later granted Grady summary judgment while reserving the amount of expenses awarded for service of process. The Court of Appeals treated that judgment as final and dismissed the plaintiffs’ appeal. The Supreme Court of Georgia held that a judgment resolving the merits but leaving the amount of a service-of-process award unresolved is not a final judgment. Because the expenses issue remained pending, the summary judgment was interlocutory and subject to reconsideration or modification before final judgment. The Court of Appeals therefore erred in dismissing the appeal. The Supreme Court reversed and remanded with direction for the Court of Appeals to decide the merits of the plaintiffs’ appeal.

Opinion

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