Miller v. Warner Bros.

Court of Appeals of Georgia

Miller v. Warner Bros.

492 S.E.2d 353, 228 Ga. App. 469, 97 Fulton County D. Rep. 3313, 1997 Ga. App. LEXIS 1165

CourtCourt of Appeals of Georgia

DecidedSeptember 10, 1997

DocketA97A2130

StatusPublished

Cited by1 cases

This text of 492 S.E.2d 353 (Miller v. Warner Bros.) 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

Miller v. Warner Bros., 492 S.E.2d 353, 228 Ga. App. 469, 97 Fulton County D. Rep. 3313, 1997 Ga. App. LEXIS 1165 (Ga. Ct. App. 1997).

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Opinion

McMurray, Presiding Judge.

Margo Miller, individually, and as administratrix of the estate of Olin Miller, filed this wrongful death action against Time Warner Entertainment Company, L.P., Warner Home Video, Inc., Warner Brothers, Inc. (“the Warner defendants”) and others. The trial court dismissed the complaint as to the Warner defendants for failure to state a claim upon which relief could be granted. Miller filed this direct appeal. Held:

As claims remain pending against the Warner defendants’ co-defendants and because the trial court did not enter an express determination of finality under OCGA § 9-11-54 (b), the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b) were required to be followed to appeal the order dismissing the Warner defendants. Knowles v. Old Spartan Life Ins. Co., 213 Ga. App. 204, 205 (2) (444 SE2d 136). Miller’s failure in the case sub judice to comply with the requisite interlocutory procedures deprives this Court of jurisdiction. This appeal must therefore be dismissed.

[470]*470Decided September 10, 1997. Salter & Shook, Mitchell M. Shook, Jason A. Craig, for appellant. Troutman Sanders, John J. Dalton, David C. Vigilante, for appellees.

Appeal dismissed.

Beasley and Smith, JJ., concur.

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McMurray, Presiding Judge.

Margo Miller, individually, and as administratrix of the estate of Olin Miller, filed this wrongful death action against Time Warner Entertainment Company, L.P., Warner Home Video, Inc., Warner Brothers, Inc. (“the Warner defendants”) and others. The trial court dismissed the complaint as to the Warner defendants for failure to state a claim upon which relief could be granted. Miller filed this direct appeal. Held:

As claims remain pending against the Warner defendants’ co-defendants and because the trial court did not enter an express determination of finality under OCGA § 9-11-54 (b), the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b) were required to be followed to appeal the order dismissing the Warner defendants. Knowles v. Old Spartan Life Ins. Co., 213 Ga. App. 204, 205 (2) (444 SE2d 136). Miller’s failure in the case sub judice to comply with the requisite interlocutory procedures deprives this Court of jurisdiction. This appeal must therefore be dismissed.

[470]*470Decided September 10, 1997. Salter & Shook, Mitchell M. Shook, Jason A. Craig, for appellant. Troutman Sanders, John J. Dalton, David C. Vigilante, for appellees.

Appeal dismissed.

Beasley and Smith, JJ., concur.

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Bluebook (online)

492 S.E.2d 353, 228 Ga. App. 469, 97 Fulton County D. Rep. 3313, 1997 Ga. App. LEXIS 1165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-warner-bros-gactapp-1997.

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