Mathews v. FIDELCOR MORTGAGE CORPORATION

Court of Appeals of Georgia

Mathews v. FIDELCOR MORTGAGE CORPORATION

240 S.E.2d 758, 144 Ga. App. 140, 1977 Ga. App. LEXIS 2611

Court of Appeals of Georgia·Decided November 28, 1977·No. 54758·Published·Cited by 5 cases

Opinion

McMurray, Judge.

This is a dispossessory proceeding against a tenant holding over brought under the provisions of Code Ch. *141 61-3, as amended. The defendant-tenant appeals the denial of his motion to dismiss for failure to state a claim. Held:

Submitted October 31, 1977 Decided November 28, 1977. Oze R. Horton, for appellant. Beth Lanier, William I. Crosby, for appellee.

The record shows no final judgment has been entered in this case, and there is no certificate for immediate review. This appeal is premature and must be dismissed. Code Ann. § 6-701 (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. 757, 758); Tenneco Oil Co. v. Mullis, 118 Ga. App. 540 (164 SE2d 312); Greene v. Atlantis Realty Co., 118 Ga. App. 400 (163 SE2d 895). Nor did defendant follow the interlocutory procedure to have the trial court’s order reviewed. Tingle v. Lokey & Bowden, 137 Ga. App. 368 (223 SE2d 763).

Appeal dismissed.

Bell, C. J., and Smith, J., concur.

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McMurray, Judge.

This is a dispossessory proceeding against a tenant holding over brought under the provisions of Code Ch. *141 61-3, as amended. The defendant-tenant appeals the denial of his motion to dismiss for failure to state a claim. Held:

Submitted October 31, 1977 Decided November 28, 1977. Oze R. Horton, for appellant. Beth Lanier, William I. Crosby, for appellee.

The record shows no final judgment has been entered in this case, and there is no certificate for immediate review. This appeal is premature and must be dismissed. Code Ann. § 6-701 (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. 757, 758); Tenneco Oil Co. v. Mullis, 118 Ga. App. 540 (164 SE2d 312); Greene v. Atlantis Realty Co., 118 Ga. App. 400 (163 SE2d 895). Nor did defendant follow the interlocutory procedure to have the trial court’s order reviewed. Tingle v. Lokey & Bowden, 137 Ga. App. 368 (223 SE2d 763).

Appeal dismissed.

Bell, C. J., and Smith, J., concur.

Mathews v. FIDELCOR MORTGAGE CORPORATION, 240 S.E.2d 758, 144 Ga. App. 140, 1977 Ga. App. LEXIS 2611 (Ga. Ct. App. 1977).

Pincite

240 S.E.2d 758 (Mathews v. FIDELCOR MORTGAGE CORPORATION) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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