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DAVIS & COMPANY v. Plunkett

167 S.E.2d 663, 119 Ga. App. 453, 1969 Ga. App. LEXIS 1136
CourtCourt of Appeals of Georgia
DecidedMarch 26, 1969
Docket43823
StatusPublished
Cited by15 cases

This text of 167 S.E.2d 663 (DAVIS & COMPANY v. Plunkett) 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
DAVIS & COMPANY v. Plunkett, 167 S.E.2d 663, 119 Ga. App. 453, 1969 Ga. App. LEXIS 1136 (Ga. Ct. App. 1969).

Opinion

Eberhardt, Judge.

The appeal in this case is taken from an order sustaining the motion of a third-party defendant to dismiss the third-party complaint. The order reads: “After hearing, motion of third party defendant to dismiss for want of jurisdiction and venue is sustained and the third party complaint is abated and dismissed.”

Since the order adjudicating less than all the claims does not provide for the entry of a final judgment as to the third-party defendant “upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment” as provided by CPA § 54 (b) (Code Ann. § 81A-154 (b)), and since there is no certificate as provided for by the 1968 amendment to the Appellate Practice Act (Ga. L. 1968, pp. 1072, 1073; Code Ann. § 6-701 (2)), there is no appealable judgment. Accordingly, the appeal must be

Dismissed.

Felton, C. J., and Whitman, J., concur.

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Bluebook (online)
167 S.E.2d 663, 119 Ga. App. 453, 1969 Ga. App. LEXIS 1136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-company-v-plunkett-gactapp-1969.