Equitable Life Assurance Society of United States v. Sullivan

292 S.E.2d 567, 164 Ga. App. 552, 1982 Ga. App. LEXIS 2865

Opinion

Banke, Judge.

This is an appeal by the defendants from the denial of their motion for summary judgment in an action by the plaintiff to recover certain medical insurance benefits, along with a bad-faith penalty and attorney fees. While the defendants obtained a certificate of immediate review from the trial court, they did not apply to this court for permission to bring an interlocutory appeal as required by Code Ann. § 6-701 (a) (2). The appeal must accordingly be dismissed as premature. See Johnston-Willis Hosp., Inc. v. Cain. 142 Ga. App. 305 (236 SE2d 374) (1977); Bell v. Rodgers, 158 Ga. App. 507 (281 SE2d 647) (1981).

Decided June 22, 1982. Ronald L. Reid, Charles W. McGrady, for appellants. Timothy A. Pape, for appellee.

Appeal dismissed.

McMurray, P. J., and Birdsong, J., concur.