English v. TUCKER FEDERAL SAVINGS & LOAN ASSOCIATION

Court of Appeals of Georgia

English v. TUCKER FEDERAL SAVINGS & LOAN ASSOCIATION

332 S.E.2d 365, 175 Ga. App. 69, 1985 Ga. App. LEXIS 2020

Court of Appeals of Georgia·Decided June 6, 1985·No. 70670·Published·Cited by 17 cases

Opinions

Sognier, Judge.

Appellant obtained a judgment against appellee when it failed to answer the summons of garnishment. Appellee moved the trial court to set aside the judgment for failure to serve the proper party and insufficiency of service. The trial court granted the motion which leaves the case pending below as the complaint was not dismissed. This judgment therefore is not a final one. Mayson v. Malone, 122 Ga. App. 814 (178 SE2d 806) (1970). Because appellant failed to com[70]*70ply with the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b), the appeal is premature and must be dismissed. Finance America Corp. v. Drake, 151 Ga. App. 383 (259 SE2d 739) (1979).

Decided June 6, 1985. Winship E. Rees, for appellant. Walter C. Alford, for appellees.

Appeal dismissed.

Birdsong, P. J., concurs. Carley, J., concurs specially.

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Sognier, Judge.

Appellant obtained a judgment against appellee when it failed to answer the summons of garnishment. Appellee moved the trial court to set aside the judgment for failure to serve the proper party and insufficiency of service. The trial court granted the motion which leaves the case pending below as the complaint was not dismissed. This judgment therefore is not a final one. Mayson v. Malone, 122 Ga. App. 814 (178 SE2d 806) (1970). Because appellant failed to com[70]*70ply with the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b), the appeal is premature and must be dismissed. Finance America Corp. v. Drake, 151 Ga. App. 383 (259 SE2d 739) (1979).

Decided June 6, 1985. Winship E. Rees, for appellant. Walter C. Alford, for appellees.

Appeal dismissed.

Birdsong, P. J., concurs. Carley, J., concurs specially.

English v. TUCKER FEDERAL SAVINGS & LOAN ASSOCIATION, 332 S.E.2d 365, 175 Ga. App. 69, 1985 Ga. App. LEXIS 2020 (Ga. Ct. App. 1985).

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