Steele v. Cincinnati Insurance Company

307 S.E.2d 44, 167 Ga. App. 550, 1983 Ga. App. LEXIS 2544

• Court: Court of Appeals of Georgia
• Decided: July 7, 1983
• Docket: 66059, 66060
• Status: Published

Opinions

Shulman, Chief Judge.

Appellant sued appellee for malicious interference with contract. The trial court granted appellee’s motion for a directed verdict and appellant filed an appeal “from the order . . . granting [appellee’s] motion for a directed verdict.” Appellee cross appealed, enumerating as error the trial court’s refusal to admit certain testimony into evidence.

1. OCGA § 5-6-38 (a) (Code Ann. § 6-803) provides that a “notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of...” “The notice of appeal must specify an appealable judgment from which the appeal is entered [cits.], absent which the appeal must be dismissed.” Parish v. Ga. R. Bank &c. Co., 115 Ga. App. 540 (154 SE2d 750); Ruth v. Kennedy, 117 Ga. App. 632 (161 SE2d 410). Unfortunately for appellant, an order granting a motion for a directed verdict is not an appealable judgment. Smith v. Sorrough, 226 Ga. 744 (177 SE2d 246). Therefore the appeal must be dismissed. Hurst v. Starr, 226 Ga. 42 (172 SE2d 604).

2. Since there has been “no valid main appeal [filed] by [appellant] this court has no jurisdiction to entertain the cross appeal filed by [appellee] which must derive its life from the main appeal, already dismissed in Division 1 of this opinion.” Ewing Holding Corp. v. Egan-Stanley Investments, 154 Ga. App. 493, 497 (268 SE2d 733). See also Wood v. Atkinson, 229 Ga. 179 (190 SE2d 46).

Appeal and cross appeal dismissed.

McMurray, P. J., and Birdsong, J., concur. Michael D. Goodman, for appellant. Clifford J. Steele, pro se. Edward L. Saveli, Scott E. Tinnon, for appellee.