Graves v. Dean

Court of Appeals of Georgia

Graves v. Dean

303 S.E.2d 751, 166 Ga. App. 186, 1983 Ga. App. LEXIS 2094

CourtCourt of Appeals of Georgia

DecidedApril 4, 1983

Docket65966

StatusPublished

Cited by9 cases

This text of 303 S.E.2d 751 (Graves v. Dean) 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

Graves v. Dean, 303 S.E.2d 751, 166 Ga. App. 186, 1983 Ga. App. LEXIS 2094 (Ga. Ct. App. 1983).

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Opinion

McMurray, Presiding Judge.

This is an appeal of an order in a suit for damages for fraud and deceit in the sale of certain gems in which the defendant, having failed to answer the suit, was allowed to open default. The trial court also denied plaintiffs motion to strike the defendant’s answer and for judgment on the pleadings. A certificate for immediate review was obtained. However, the plaintiff did not file an application for interlocutory appeal in this court within ten days of the granting of the trial court’s certificate for immediate review. See OCGA § 5-6-34 (formerly Code Ann. § 6-701 (Ga. L. 1965, p. 18; 1968, pp. 1072,1073; 1975, pp. 757, 758; 1979, pp. 619,620)). The appeal is premature and must be dismissed. See Bank of Commerce v. Williams, 138 Ga. App. 666 (227 SE2d 95); McKibben v. Thomas, 138 Ga. App. 544 (227 SE2d 87).

Appeal dismissed.

Shulman, C. J., and Birdsong, J., concur.

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McMurray, Presiding Judge.

This is an appeal of an order in a suit for damages for fraud and deceit in the sale of certain gems in which the defendant, having failed to answer the suit, was allowed to open default. The trial court also denied plaintiffs motion to strike the defendant’s answer and for judgment on the pleadings. A certificate for immediate review was obtained. However, the plaintiff did not file an application for interlocutory appeal in this court within ten days of the granting of the trial court’s certificate for immediate review. See OCGA § 5-6-34 (formerly Code Ann. § 6-701 (Ga. L. 1965, p. 18; 1968, pp. 1072,1073; 1975, pp. 757, 758; 1979, pp. 619,620)). The appeal is premature and must be dismissed. See Bank of Commerce v. Williams, 138 Ga. App. 666 (227 SE2d 95); McKibben v. Thomas, 138 Ga. App. 544 (227 SE2d 87).

Appeal dismissed.

Shulman, C. J., and Birdsong, J., concur.

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Bluebook (online)

303 S.E.2d 751, 166 Ga. App. 186, 1983 Ga. App. LEXIS 2094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graves-v-dean-gactapp-1983.

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