Stephens v. Zakas

Court of Appeals of Georgia

Stephens v. Zakas

201 S.E.2d 627, 129 Ga. App. 917, 1973 Ga. App. LEXIS 1195

Court of Appeals of Georgia·Decided October 15, 1973·No. 48549·Published

Opinion

Bell, Chief Judge.

In this garnishment case the defendánt dissolved the proceedings by filing a bond under Code § 46-401 and then counterclaimed. The trial court dismissed the garnishment and the plaintiff appeals from the order. The counterclaim is still pending. The judgment of dismissal contains no express determination that there is no just reason for delay nor an express direction for the entry of judgment under CPA § 54 (b) (Code Ann. § 81A-154 (b)) nor is there a certificate of immediate review. The appeal is premature. Campbell v. George, 129 Ga. App. 644.

Appeal dismissed.

Deen and Quillian, JJ., concur. Donald H. Stephens, pro se. Nick G. Lambros, for appellee.

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Bell, Chief Judge.

In this garnishment case the defendánt dissolved the proceedings by filing a bond under Code § 46-401 and then counterclaimed. The trial court dismissed the garnishment and the plaintiff appeals from the order. The counterclaim is still pending. The judgment of dismissal contains no express determination that there is no just reason for delay nor an express direction for the entry of judgment under CPA § 54 (b) (Code Ann. § 81A-154 (b)) nor is there a certificate of immediate review. The appeal is premature. Campbell v. George, 129 Ga. App. 644.

Appeal dismissed.

Deen and Quillian, JJ., concur. Donald H. Stephens, pro se. Nick G. Lambros, for appellee.

Stephens v. Zakas, 201 S.E.2d 627, 129 Ga. App. 917, 1973 Ga. App. LEXIS 1195 (Ga. Ct. App. 1973).

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