Lysius v. Bertha

Court of Appeals of Georgia

Lysius v. Bertha

261 S.E.2d 459, 151 Ga. App. 702, 1979 Ga. App. LEXIS 2756

CourtCourt of Appeals of Georgia

DecidedOctober 11, 1979

Docket58378

StatusPublished

This text of 261 S.E.2d 459 (Lysius v. Bertha) 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

Lysius v. Bertha, 261 S.E.2d 459, 151 Ga. App. 702, 1979 Ga. App. LEXIS 2756 (Ga. Ct. App. 1979).

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Opinion

Underwood, Judge.

In this suit for damages alleged to be due as the result of an automobile collision, plaintiffs’ uninsured motorist insurer has filed an answer in its own behalf pursuant to Code Ann. § 56-407.1 and has thereby elected to assume the status of a named party. Home Indem. Co. v. Thomas, 122 Ga. App. 641 (178 SE2d 297) (1970). Since the action is still pending below as to this party defendant, and as there has been no certificate of finality pursuant to CPA § 54 (b) (Code Ann. § 81A-154(b')) nor any permission granted for an interlocutory appeal pursuant to Code Ann. § 6-701 (a) 2, the appeal is premature and must be dismissed. Diversified One Investors v. Archway Prop., Inc., 146 Ga. App. 453 (246 SE2d 462) (1978).

Appeal dismissed.

McMurray, P. J., and Banke, J., concur.

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Underwood, Judge.

In this suit for damages alleged to be due as the result of an automobile collision, plaintiffs’ uninsured motorist insurer has filed an answer in its own behalf pursuant to Code Ann. § 56-407.1 and has thereby elected to assume the status of a named party. Home Indem. Co. v. Thomas, 122 Ga. App. 641 (178 SE2d 297) (1970). Since the action is still pending below as to this party defendant, and as there has been no certificate of finality pursuant to CPA § 54 (b) (Code Ann. § 81A-154(b')) nor any permission granted for an interlocutory appeal pursuant to Code Ann. § 6-701 (a) 2, the appeal is premature and must be dismissed. Diversified One Investors v. Archway Prop., Inc., 146 Ga. App. 453 (246 SE2d 462) (1978).

Appeal dismissed.

McMurray, P. J., and Banke, J., concur.

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Bluebook (online)

261 S.E.2d 459, 151 Ga. App. 702, 1979 Ga. App. LEXIS 2756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lysius-v-bertha-gactapp-1979.

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