Spikes v. CARTER REALTY COMPANY

Court of Appeals of Georgia

Spikes v. CARTER REALTY COMPANY

222 S.E.2d 154, 136 Ga. App. 648, 1975 Ga. App. LEXIS 1453

CourtCourt of Appeals of Georgia

DecidedNovember 19, 1975

Docket51459

StatusPublished

Cited by5 cases

This text of 222 S.E.2d 154 (Spikes v. CARTER REALTY COMPANY) 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.

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Spikes v. CARTER REALTY COMPANY, 222 S.E.2d 154, 136 Ga. App. 648, 1975 Ga. App. LEXIS 1453 (Ga. Ct. App. 1975).

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Opinion

Quillian, Judge.

Appeal in this case was taken from a judgment which granted the motion for dismissal of two of the defendants by counterclaim. Insofar as the record reveals, the main action, as well as the counterclaim, is still pending below. Held:

In a case involving multiple parties or multiple claims, a judgment disposing of one or more but less than all of the parties or claims is not final unless the judgment is entered pursuant to CPA § 54 (b) (Code Ann. § 81A-154; Ga. L. 1966, pp. 609,658). This was not done in the instant case, neither did the appellant apply to this court for an interlocutory appeal pursuant to Code Ann. § 6-701 (2) (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. 757, 758). Hence, this appeal is premature and must be dismissed. Kilgore v. Kennesaw Finance Co., 128 Ga. App. *649 120 (195 SE2d 799); Cook v. Peeples, 227 Ga. 473 (181 SE2d 375); Walker v. Robinson, 232 Ga. 361, 363 (207 SE2d 6).

Submitted November 5, 1975 Decided November 19, 1975. Elkins & Flournoy, Thomas M. Flournoy, Jr., for appellant. Willis & Carter, Grover C. Willis, Jr., William C. Carter, for appellees.

Appeal dismissed.

Pannell, P. J., and Clark, J., concur.

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Quillian, Judge.

Appeal in this case was taken from a judgment which granted the motion for dismissal of two of the defendants by counterclaim. Insofar as the record reveals, the main action, as well as the counterclaim, is still pending below. Held:

In a case involving multiple parties or multiple claims, a judgment disposing of one or more but less than all of the parties or claims is not final unless the judgment is entered pursuant to CPA § 54 (b) (Code Ann. § 81A-154; Ga. L. 1966, pp. 609,658). This was not done in the instant case, neither did the appellant apply to this court for an interlocutory appeal pursuant to Code Ann. § 6-701 (2) (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. 757, 758). Hence, this appeal is premature and must be dismissed. Kilgore v. Kennesaw Finance Co., 128 Ga. App. *649 120 (195 SE2d 799); Cook v. Peeples, 227 Ga. 473 (181 SE2d 375); Walker v. Robinson, 232 Ga. 361, 363 (207 SE2d 6).

Submitted November 5, 1975 Decided November 19, 1975. Elkins & Flournoy, Thomas M. Flournoy, Jr., for appellant. Willis & Carter, Grover C. Willis, Jr., William C. Carter, for appellees.

Appeal dismissed.

Pannell, P. J., and Clark, J., concur.

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222 S.E.2d 154, 136 Ga. App. 648, 1975 Ga. App. LEXIS 1453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spikes-v-carter-realty-company-gactapp-1975.

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