Deans v. Kingston Development Corp.

Supreme Court of Georgia

Deans v. Kingston Development Corp.

285 S.E.2d 11, 248 Ga. 557, 1981 Ga. LEXIS 1100

CourtSupreme Court of Georgia

DecidedNovember 25, 1981

Docket38045

StatusPublished

Cited by2 cases

This text of 285 S.E.2d 11 (Deans v. Kingston Development Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Deans v. Kingston Development Corp., 285 S.E.2d 11, 248 Ga. 557, 1981 Ga. LEXIS 1100 (Ga. 1981).

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Opinion

Jordan, Chief Justice.

June Deans appeals from an order dismissing Kingston Development Corporation. The order left her action for fraud, breach of contract, and to set aside a judgment pending against the other defendant, Paul Shapiro. Kingston was dismissed because of the pendency of another action by June Deans against Kingston. Deans v. Kingston Dev. Corp., 159 Ga. App. 721 (1981). See Cooper v. Public Finance Corp., 146 Ga. App. 250, 251 (1) (246 SE2d 684) (1978).

The order sought to be appealed is not “final” within the meaning of Code Ann. § 6-701(a)l because the cause against Shapiro still is pending in the trial court. Wise v. Ga. State Bd. for Examination, &c. of Architects, 244 Ga. 449 (260 SE2d 477) (1979). No express direction and determination was made by the trial court pursuant to Code Ann. § 81A-154 (b). Wise, supra. No certification has been obtained from the trial court pursuant to Code Ann. § 6-701 (a)2(A), and no application has been made to this court pursuant to Code Ann. § 6-701 (a)2. Wise, supra. The order sought to be appealed does not fall within any of the enumerated exceptions set forth in Code Ann. § 6-701 (a)3 so as to be appealable despite lack of finality and lack of certification and application. Accordingly, the appeal must be dismissed. Wise, supra.

Appeal dismissed.

All the Justices concur.

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Jordan, Chief Justice.

June Deans appeals from an order dismissing Kingston Development Corporation. The order left her action for fraud, breach of contract, and to set aside a judgment pending against the other defendant, Paul Shapiro. Kingston was dismissed because of the pendency of another action by June Deans against Kingston. Deans v. Kingston Dev. Corp., 159 Ga. App. 721 (1981). See Cooper v. Public Finance Corp., 146 Ga. App. 250, 251 (1) (246 SE2d 684) (1978).

The order sought to be appealed is not “final” within the meaning of Code Ann. § 6-701(a)l because the cause against Shapiro still is pending in the trial court. Wise v. Ga. State Bd. for Examination, &c. of Architects, 244 Ga. 449 (260 SE2d 477) (1979). No express direction and determination was made by the trial court pursuant to Code Ann. § 81A-154 (b). Wise, supra. No certification has been obtained from the trial court pursuant to Code Ann. § 6-701 (a)2(A), and no application has been made to this court pursuant to Code Ann. § 6-701 (a)2. Wise, supra. The order sought to be appealed does not fall within any of the enumerated exceptions set forth in Code Ann. § 6-701 (a)3 so as to be appealable despite lack of finality and lack of certification and application. Accordingly, the appeal must be dismissed. Wise, supra.

Appeal dismissed.

All the Justices concur.

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285 S.E.2d 11, 248 Ga. 557, 1981 Ga. LEXIS 1100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deans-v-kingston-development-corp-ga-1981.

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