Crymes v. Crymes

Court of Appeals of Georgia

Crymes v. Crymes

251 S.E.2d 155, 148 Ga. App. 299, 1978 Ga. App. LEXIS 3082

CourtCourt of Appeals of Georgia

DecidedDecember 1, 1978

Docket56514

StatusPublished

Cited by8 cases

This text of 251 S.E.2d 155 (Crymes v. Crymes) 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

Crymes v. Crymes, 251 S.E.2d 155, 148 Ga. App. 299, 1978 Ga. App. LEXIS 3082 (Ga. Ct. App. 1978).

Pincite

Opinion

Banke, Judge.

The appellants, Marion Clayton Crymes and Crymes Enterprises, Inc., appeal the judgment of the trial court granting the appellee, Frances Marian Heard Crymes, an immediate writ of possession.

1. "Appellee’s motion to dismiss this appeal is denied as the writ of possession constituted a final judgment.” Golden Key Restaurant & Lounge v. Key Management Corp., 137 Ga. App. 251 (1) (223 SE2d 284) (1976).

2. The appellants were served with summons to appear at a hearing before the superior court judge on March 22,1978, and to submit at that time answers to the appellee’s affidavit. The appellants appeared, submitted their answers, and a hearing was held.

The trial judge was not authorized to enter a final judgment on the merits based on the evidence adduced at this hearing. Rather, as provided in Code § 61-303, the appellants were entitled to have the case placed upon a trial calendar in the same manner as any other civil case. The determination to be made at the hearing was the amount of money the appellant needed to pay into the registry of court pending trial of the case on the merits. See Code § 61-303: "If the tenant answers, a trial of the issues shall be had in accordance with procedure prescribed for civil actions in courts of record . . . The *300 defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation: Provided, however, that the tenant at the time of his answer pays rent into the registry of the court pursuant to section 61-304.” See also Cloud v. Groves, 135 Ga. App. 50 (217 SE2d 381) (1975); Powers v. Simmerson, 142 Ga. App. 335 (1) (235 SE2d 769) (1977).

Argued September 13, 1978 Decided December 1, 1978. Peters & Thompson, James E. Thompson, for appellants. Cheeley & Chandler, Joseph E. Cheeley, for appellee.

Judgment reversed.

Deen, P. J., and Smith, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Banke, Judge.

The appellants, Marion Clayton Crymes and Crymes Enterprises, Inc., appeal the judgment of the trial court granting the appellee, Frances Marian Heard Crymes, an immediate writ of possession.

1. "Appellee’s motion to dismiss this appeal is denied as the writ of possession constituted a final judgment.” Golden Key Restaurant & Lounge v. Key Management Corp., 137 Ga. App. 251 (1) (223 SE2d 284) (1976).

2. The appellants were served with summons to appear at a hearing before the superior court judge on March 22,1978, and to submit at that time answers to the appellee’s affidavit. The appellants appeared, submitted their answers, and a hearing was held.

The trial judge was not authorized to enter a final judgment on the merits based on the evidence adduced at this hearing. Rather, as provided in Code § 61-303, the appellants were entitled to have the case placed upon a trial calendar in the same manner as any other civil case. The determination to be made at the hearing was the amount of money the appellant needed to pay into the registry of court pending trial of the case on the merits. See Code § 61-303: "If the tenant answers, a trial of the issues shall be had in accordance with procedure prescribed for civil actions in courts of record . . . The *300 defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation: Provided, however, that the tenant at the time of his answer pays rent into the registry of the court pursuant to section 61-304.” See also Cloud v. Groves, 135 Ga. App. 50 (217 SE2d 381) (1975); Powers v. Simmerson, 142 Ga. App. 335 (1) (235 SE2d 769) (1977).

Argued September 13, 1978 Decided December 1, 1978. Peters & Thompson, James E. Thompson, for appellants. Cheeley & Chandler, Joseph E. Cheeley, for appellee.

Judgment reversed.

Deen, P. J., and Smith, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

251 S.E.2d 155, 148 Ga. App. 299, 1978 Ga. App. LEXIS 3082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crymes-v-crymes-gactapp-1978.

Opinion

Related

Cite This Page — Counsel Stack