Grantham v. Nelson

Court of Appeals of Georgia

Grantham v. Nelson

286 S.E.2d 59, 160 Ga. App. 68, 1981 Ga. App. LEXIS 2882

CourtCourt of Appeals of Georgia

DecidedOctober 15, 1981

Docket62538

StatusPublished

Cited by7 cases

This text of 286 S.E.2d 59 (Grantham v. Nelson) 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

Grantham v. Nelson, 286 S.E.2d 59, 160 Ga. App. 68, 1981 Ga. App. LEXIS 2882 (Ga. Ct. App. 1981).

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Opinion

Banke, Judge.

This is a dispossessory action filed by the appellees on the ground that the appellants were in violation of certain terms of the lease agreement. The appellants answered denying this allegation and counterclaimed for damages for breach of contract and for malicious interference with their business. This appeal is from an order of the trial court granting a motion by the appellees for an immediate writ of possession, based on the appellants’ failure to pay rent into the registry of the court in a timely manner pursuant to Code Ann. § 61-304 (c). The merits of the dispossessory action and of the appellants’ counterclaim remain pending in the court below. Held:

Under the above circumstances, the writ of possession does not constitute a final judgment. Accordingly, because the appellants have failed to comply with the requirements of Code Ann. § 6-701 (a) (2) (as amended through Ga. L. 1979, pp. 619, 620), regarding interlocutory appeals, the appeal must be dismissed for want of jurisdiction. See Johnson v. Gwinnett County Bank, 156 Ga. App. 597 (1) (275 SE2d 157) (1980). We must reject the appellants’ contention that the writ of possession purported to dismiss their answer and counterclaim. The rent which has been paid into the registry of the court has not been disbursed, and the court’s order did not reach the merits of the action.

Appeal dismissed.

Deen, P. J., and Carley, J., concur.

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Banke, Judge.

This is a dispossessory action filed by the appellees on the ground that the appellants were in violation of certain terms of the lease agreement. The appellants answered denying this allegation and counterclaimed for damages for breach of contract and for malicious interference with their business. This appeal is from an order of the trial court granting a motion by the appellees for an immediate writ of possession, based on the appellants’ failure to pay rent into the registry of the court in a timely manner pursuant to Code Ann. § 61-304 (c). The merits of the dispossessory action and of the appellants’ counterclaim remain pending in the court below. Held:

Under the above circumstances, the writ of possession does not constitute a final judgment. Accordingly, because the appellants have failed to comply with the requirements of Code Ann. § 6-701 (a) (2) (as amended through Ga. L. 1979, pp. 619, 620), regarding interlocutory appeals, the appeal must be dismissed for want of jurisdiction. See Johnson v. Gwinnett County Bank, 156 Ga. App. 597 (1) (275 SE2d 157) (1980). We must reject the appellants’ contention that the writ of possession purported to dismiss their answer and counterclaim. The rent which has been paid into the registry of the court has not been disbursed, and the court’s order did not reach the merits of the action.

Appeal dismissed.

Deen, P. J., and Carley, J., concur.

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Bluebook (online)

286 S.E.2d 59, 160 Ga. App. 68, 1981 Ga. App. LEXIS 2882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grantham-v-nelson-gactapp-1981.

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