Savannah Bank & Trust Co. v. Keane

Court of Appeals of Georgia

Savannah Bank & Trust Co. v. Keane

184 S.E.2d 51, 124 Ga. App. 433, 1971 Ga. App. LEXIS 954

CourtCourt of Appeals of Georgia

DecidedSeptember 10, 1971

Docket46383

StatusPublished

Cited by1 cases

This text of 184 S.E.2d 51 (Savannah Bank & Trust Co. v. Keane) 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

Savannah Bank & Trust Co. v. Keane, 184 S.E.2d 51, 124 Ga. App. 433, 1971 Ga. App. LEXIS 954 (Ga. Ct. App. 1971).

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Opinion

Quillian, Judge.

The appeal in this case was taken from an order denying what the appellant styled a motion for reconsideration by which it sought as garnishee, to amend its answer to a garnishment proceeding. In a proceeding of this type a judgment against the garnishee can not be obtained until judgment is entered against the defendant in the original proceeding. See Baker Mercantile Co. v. Hancock Bros. & Co., 20 Ga. App. 799 (2) (93 SE 496); Wilson v. Bank of Louisiana, 55 Ga. 98. The order appealed from was not a final judgment and did not fall within the exceptions of Code Ann. § 6-701 (a3) (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073). Hence, since the trial judge did not enter a certificate of immediate review, the appeal is premature and must be

Dismissed.

Jordan, P. J., and Evans, J., concur. Argued June 29, 1971 Decided September 10, 1971. Connerat, Dunn, Hunter, Houlihan, Maclean & Exley, Ralph O. Bowden, III, for appellant. Pierce, Ranitz, Lee, Berry & Mahoney, Jack K. Berry, Howard A. McGlasson, Jr., for appellees.

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Quillian, Judge.

The appeal in this case was taken from an order denying what the appellant styled a motion for reconsideration by which it sought as garnishee, to amend its answer to a garnishment proceeding. In a proceeding of this type a judgment against the garnishee can not be obtained until judgment is entered against the defendant in the original proceeding. See Baker Mercantile Co. v. Hancock Bros. & Co., 20 Ga. App. 799 (2) (93 SE 496); Wilson v. Bank of Louisiana, 55 Ga. 98. The order appealed from was not a final judgment and did not fall within the exceptions of Code Ann. § 6-701 (a3) (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073). Hence, since the trial judge did not enter a certificate of immediate review, the appeal is premature and must be

Dismissed.

Jordan, P. J., and Evans, J., concur. Argued June 29, 1971 Decided September 10, 1971. Connerat, Dunn, Hunter, Houlihan, Maclean & Exley, Ralph O. Bowden, III, for appellant. Pierce, Ranitz, Lee, Berry & Mahoney, Jack K. Berry, Howard A. McGlasson, Jr., for appellees.

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184 S.E.2d 51, 124 Ga. App. 433, 1971 Ga. App. LEXIS 954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savannah-bank-trust-co-v-keane-gactapp-1971.

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