Mulligan v. Scott

Court of Appeals of Georgia

Mulligan v. Scott

217 S.E.2d 307, 134 Ga. App. 815, 1975 Ga. App. LEXIS 2181

CourtCourt of Appeals of Georgia

DecidedMay 13, 1975

Docket50639

StatusPublished

Cited by5 cases

This text of 217 S.E.2d 307 (Mulligan v. Scott) 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

Mulligan v. Scott, 217 S.E.2d 307, 134 Ga. App. 815, 1975 Ga. App. LEXIS 2181 (Ga. Ct. App. 1975).

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Opinion

Webb, Judge.

"Piece-meal review is not favored by the courts. '[I]n the absence of an express determination by the court that there is no just reason for delay and an express direction for entry of judgment, no order or decision which adjudicates with respect to fewer than all the claims or all the parties is final or appealable. Code Ann. § 81A-154 (b) [Cits.] Since there is no appeal, from a final, appealable judgment in the record and no certificate for immediate review as provided for by Code Ann. § 6-701 (a, 2) this appeal must be dismissed under authority of the above cases.’ Rodriguez v. Newby, 130 Ga. App. 139, 140 (202 SE2d 565).” Foley v. Shanahan, 133 Ga. App. 262 (1) (211 SE2d 367). Accord, Von Waldner v. Baldwin/Cheshire, Inc., 133 Ga. App. 23 (1) (209 SE2d 715) and cases cited; Walker v. Robinson, 232 Ga. 361 (207 SE2d 6) and cases cited.

Appeal dismissed.

Bell, C. J., and Marshall, J., concur.

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Webb, Judge.

"Piece-meal review is not favored by the courts. '[I]n the absence of an express determination by the court that there is no just reason for delay and an express direction for entry of judgment, no order or decision which adjudicates with respect to fewer than all the claims or all the parties is final or appealable. Code Ann. § 81A-154 (b) [Cits.] Since there is no appeal, from a final, appealable judgment in the record and no certificate for immediate review as provided for by Code Ann. § 6-701 (a, 2) this appeal must be dismissed under authority of the above cases.’ Rodriguez v. Newby, 130 Ga. App. 139, 140 (202 SE2d 565).” Foley v. Shanahan, 133 Ga. App. 262 (1) (211 SE2d 367). Accord, Von Waldner v. Baldwin/Cheshire, Inc., 133 Ga. App. 23 (1) (209 SE2d 715) and cases cited; Walker v. Robinson, 232 Ga. 361 (207 SE2d 6) and cases cited.

Appeal dismissed.

Bell, C. J., and Marshall, J., concur.

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Bluebook (online)

217 S.E.2d 307, 134 Ga. App. 815, 1975 Ga. App. LEXIS 2181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mulligan-v-scott-gactapp-1975.

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