Home Mart Building Centers, Inc. v. Wallace

Court of Appeals of Georgia

Home Mart Building Centers, Inc. v. Wallace

228 S.E.2d 22, 139 Ga. App. 49, 1976 Ga. App. LEXIS 1674

CourtCourt of Appeals of Georgia

DecidedJune 14, 1976

Docket52276

StatusPublished

Cited by6 cases

This text of 228 S.E.2d 22 (Home Mart Building Centers, Inc. v. Wallace) 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.

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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).

Pincite

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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