Home/Court of Appeals of Georgia/Home Mart Building Centers, Inc. v. Wallace

Home Mart Building Centers, Inc. v. Wallace

228 S.E.2d 22, 139 Ga. App. 49, 1976 Ga. App. LEXIS 1674
Court of Appeals of Georgia·Decided June 14, 1976·No. 52276·Published·Cited by 6 cases

Opinion

*49 Deen, Presiding Judge.

1. Unless the court in an order dismissing one of multiple defendants makes an express determination of finality as set out in Code § 81A-154 (b) the case is still pending in the trial court and the procedure for interlocutory appeals must be followed. Spikes v. Carter Realty Co., 136 Ga. App. 648 (222 SE2d 154).

2. By amendment to Code § 6-701 (a) (2) (Ga. L. 1975, p. 757) the certificate of immediate review to an interlocutory order must be followed by petition to the appellate court involved. Where this is not done, the appeal is premature and must be dismissed. Tingle v. Lokey & Bowden, 137 Ga. App. 368 (223 SE2d 763).

The appellee’s motion to dismiss the appeal filed in this court is hereby granted.

Appeal dismissed.

Quillian and Webb, JJ., concur.

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Home Mart Building Centers, Inc. v. Wallace, 228 S.E.2d 22, 139 Ga. App. 49, 1976 Ga. App. LEXIS 1674 (Ga. Ct. App. 1976).

228 S.E.2d 22 (Home Mart Building Centers, Inc. v. Wallace) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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