Continental Insurance v. Carter

Court of Appeals of Georgia

Continental Insurance v. Carter

315 S.E.2d 262, 169 Ga. App. 747, 1984 Ga. App. LEXIS 1695

CourtCourt of Appeals of Georgia

DecidedFebruary 3, 1984

Docket67801

StatusPublished

Cited by1 cases

This text of 315 S.E.2d 262 (Continental Insurance v. Carter) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Continental Insurance v. Carter, 315 S.E.2d 262, 169 Ga. App. 747, 1984 Ga. App. LEXIS 1695 (Ga. Ct. App. 1984).

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Opinion

Birdsong, Judge.

This appeal is from the trial court’s denial of appellant’s motion to stay execution of the default judgment against appellant. Remaining for adjudication in this action are appellee’s claims against appellant’s co-defendant and the co-defendant’s counterclaim. The order denying appellant’s motion contains neither an express determination that there is no just reason for delay nor an express direction for the entry of judgment, and appellant has not obtained from the trial court a certificate of immediate review pursuant to OCGA § 5-6-34 (b) (Code Ann. § 6-701). Consequently, this appeal is premature and must be dismissed. OCGA §§ 9-11-54 (b), 5-6-34 (Code Ann. §§ 81A-154,6-701); Loftin v. Carrollton State Bank, 145 Ga. App. 166 (243 SE2d 333).

Appeal dismissed.

Quillian, P. J., and Carley, J., concur.

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Birdsong, Judge.

This appeal is from the trial court’s denial of appellant’s motion to stay execution of the default judgment against appellant. Remaining for adjudication in this action are appellee’s claims against appellant’s co-defendant and the co-defendant’s counterclaim. The order denying appellant’s motion contains neither an express determination that there is no just reason for delay nor an express direction for the entry of judgment, and appellant has not obtained from the trial court a certificate of immediate review pursuant to OCGA § 5-6-34 (b) (Code Ann. § 6-701). Consequently, this appeal is premature and must be dismissed. OCGA §§ 9-11-54 (b), 5-6-34 (Code Ann. §§ 81A-154,6-701); Loftin v. Carrollton State Bank, 145 Ga. App. 166 (243 SE2d 333).

Appeal dismissed.

Quillian, P. J., and Carley, J., concur.

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Bluebook (online)

315 S.E.2d 262, 169 Ga. App. 747, 1984 Ga. App. LEXIS 1695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/continental-insurance-v-carter-gactapp-1984.

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