Home/Court of Appeals of Georgia/Spivey v. Rogers

Spivey v. Rogers

307 S.E.2d 677, 167 Ga. App. 729, 1983 Ga. App. LEXIS 2593
CourtCourt of Appeals of Georgia
DecidedSeptember 6, 1983
Docket66655
StatusPublished
Cited by16 cases

This text of 307 S.E.2d 677 (Spivey v. Rogers) 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
Spivey v. Rogers, 307 S.E.2d 677, 167 Ga. App. 729, 1983 Ga. App. LEXIS 2593 (Ga. Ct. App. 1983).

Opinion

Quillian, Presiding Judge.

Appeal was taken from an order dismissing the plaintiffs cross-complaint against an added party and assigning the remainder of the cause (involving the defendant’s counterclaim against the plaintiff) for jury trial. Held:

Where there is a case involving multiple parties or multiple claims, a decision adjudicating fewer than all the claims or the rights and liabilities of less than all the parties is not a final judgment. OCGA § 9-11-54 (Code Ann. § 81A-154). In such circumstances, there must be an express determination under OCGA § 9-11-54 (b) (Code Ann. § 81A-154) or there must be compliance with the requirements of OCGA § 5-6-34 (b) (Code Ann. § 6-701). Where neither of these code sections are followed as in this case, the appeal is premature and must be dismissed. Myers v. Mobil America Corp., 132 Ga. App. 331 (208 SE2d 169); Johnson v. Martin, 132 Ga. App. 813 (209 SE2d 256); Hancock v. Oates, 244 Ga. 175, 177 (259 SE2d 437).

Appeal dismissed.

Sognier and Pope, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

James A. Rafac v. Jiangsu Linhai Power MacHinery Group Corporation
Court of Appeals of Georgia, 2021
Rachel R. Shoenthal v. Fran W. Shoenthal
Court of Appeals of Georgia, 2015
Shoenthal v. Shoenthal
776 S.E.2d 663 (Court of Appeals of Georgia, 2015)
Re-Max Executives, Inc. v. Wallace
421 S.E.2d 540 (Court of Appeals of Georgia, 1992)
King v. Bishop
402 S.E.2d 307 (Court of Appeals of Georgia, 1991)
Cleveland v. Fulton County
396 S.E.2d 2 (Court of Appeals of Georgia, 1990)
First Union National Bank v. Cumberland Creek Country Club
390 S.E.2d 422 (Court of Appeals of Georgia, 1990)
Stancil v. Gwinnett County
384 S.E.2d 666 (Supreme Court of Georgia, 1989)
Johnson v. Hospital Corporation of America
385 S.E.2d 731 (Court of Appeals of Georgia, 1989)
Patrick v. Glass
374 S.E.2d 229 (Court of Appeals of Georgia, 1988)
Travelers Indemnity Co. v. Schenden
356 S.E.2d 761 (Court of Appeals of Georgia, 1987)
DeKalb County Teachers Federal Credit Union v. Citizens & Southern National Bank
335 S.E.2d 464 (Court of Appeals of Georgia, 1985)
Havischak v. Neal
335 S.E.2d 469 (Court of Appeals of Georgia, 1985)
Collier v. Rogers
327 S.E.2d 588 (Court of Appeals of Georgia, 1985)
Spivey v. Rogers
326 S.E.2d 227 (Court of Appeals of Georgia, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
307 S.E.2d 677, 167 Ga. App. 729, 1983 Ga. App. LEXIS 2593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spivey-v-rogers-gactapp-1983.