Steele v. Cincinnati Insurance Company

Gregory, Justice,

concurring.

I concur in the result reached in this case but do not believe it is necessary to overrule Smith v. Sorrough, 226 Ga, 744 (177 SE2d 246) (1970) and Hurst v. Starr, 226 Ga. 42 (172 SE2d 604) (1970). The general principles announced in those decisions are sound. An appellate court needs to know what is being appealed. It is also important that not every order entered on an interlocutory basis be the proper subject matter for an appeal. However, in this case, it is obvious that the losing party intended to appeal the final outcome in the trial court. As a matter of fact, a final judgment was entered. The appealing party simply failed to use the right nomenclature. I consider this to be an appeal from the final judgment in the trial court.