Givens v. Gray

Court of Appeals of Georgia

Givens v. Gray

183 S.E.2d 29, 124 Ga. App. 152, 1971 Ga. App. LEXIS 852

CourtCourt of Appeals of Georgia

DecidedJuly 1, 1971

Docket46198

StatusPublished

Cited by8 cases

This text of 183 S.E.2d 29 (Givens v. Gray) 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

Givens v. Gray, 183 S.E.2d 29, 124 Ga. App. 152, 1971 Ga. App. LEXIS 852 (Ga. Ct. App. 1971).

Pincite

Opinion

Per curiam.

In this dispossessory warrant proceeding for nonpayment of rent the appellant tenant filed an answer to the landlord’s affidavit and also filed a counterclaim. The trial court entered an order that the landlord was entitled to a writ of possession. No order has ever been entered on the counterclaim and it is thus still pending below. As the order appealed from adjudicates less than all the claims and since it does not provide for the entry of a final judgment as to the appellee "upon an express determination that there is no just reason for delay and upon the express direction for the entry of judgment” as provided by Civil Practice Act § 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 (a2)), there is no appealable judgment. See Davis v. Roper, 119 Ga. App. 442 (167 SE2d 685); D. Davis & Co. v. Plunkett, 119 Ga. App. 453 (167 SE2d 663); American Mut. Liab. Ins. Co. v. Moore, 120 Ga. App. 624 (171 SE2d 751). Accordingly, the appeal must be

Dismissed.

Bell, C. J., Pannell and Deen, JJ., concur.

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Per curiam.

In this dispossessory warrant proceeding for nonpayment of rent the appellant tenant filed an answer to the landlord’s affidavit and also filed a counterclaim. The trial court entered an order that the landlord was entitled to a writ of possession. No order has ever been entered on the counterclaim and it is thus still pending below. As the order appealed from adjudicates less than all the claims and since it does not provide for the entry of a final judgment as to the appellee "upon an express determination that there is no just reason for delay and upon the express direction for the entry of judgment” as provided by Civil Practice Act § 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 (a2)), there is no appealable judgment. See Davis v. Roper, 119 Ga. App. 442 (167 SE2d 685); D. Davis & Co. v. Plunkett, 119 Ga. App. 453 (167 SE2d 663); American Mut. Liab. Ins. Co. v. Moore, 120 Ga. App. 624 (171 SE2d 751). Accordingly, the appeal must be

Dismissed.

Bell, C. J., Pannell and Deen, JJ., concur.

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Bluebook (online)

183 S.E.2d 29, 124 Ga. App. 152, 1971 Ga. App. LEXIS 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/givens-v-gray-gactapp-1971.

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