King v. Gosdin

315 S.E.2d 666, 169 Ga. App. 878, 1984 Ga. App. LEXIS 1741

Opinion

Banke, Judge.

Appellee Gosdin filed suit against appellant King to recover for injuries allegedly incurred in an automobile collision. King, in turn, filed a third-party action against Derryl Langley. This appeal by King follows the trial court’s order dismissing the third-party complaint based on his failure to respond to a motion by Langley to dismiss the third-party complaint for lack of venue. Held:

1. Since the order disposes of less than all the claims and does not provide for the entry of a final judgment as to the third-party defendant pursuant to OCGA § 9-11-54 (b) (Code Ann. § 81A-154), and since the procedures for interlocutory appeal have not been followed, the appeal must be dismissed. See D. Davis & Co. v. Plunkett, 119 Ga. App. 453 (167 SE2d 663) (1969); Martin v. Herr, 158 Ga. App. 329 (280 SE2d 387) (1981).

2. The appellee’s prayer for damages for filing a frivolous appeal is denied. See James v. Seritt, 121 Ga. App. 783 (175 SE2d 163) (1970).

Decided February 17, 1984. Daniel K. McCall, for appellant. Fordham E. Huffman, for appellee.

Appeal dismissed.

Shulman, P. J., and Pope, J., concur.