Terry v. Cochran

Court of Appeals of Georgia

Terry v. Cochran

335 S.E.2d 304, 176 Ga. App. 51, 1985 Ga. App. LEXIS 2234

CourtCourt of Appeals of Georgia

DecidedSeptember 16, 1985

Docket70598

StatusPublished

Cited by4 cases

This text of 335 S.E.2d 304 (Terry v. Cochran) 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

Terry v. Cochran, 335 S.E.2d 304, 176 Ga. App. 51, 1985 Ga. App. LEXIS 2234 (Ga. Ct. App. 1985).

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Opinion

Sognier, Judge.

James E. Cochran filed this action against Charles E. Terry and Larry Lemming alleging breach of promise and fraud in the sale of land. Terry and Lemming appeal from the trial court’s order granting judgment by default in favor of Cochran on his motion for sanctions. The question of damages as to the ex delicto count of Cochran’s complaint was reserved for hearing by the trial court and is still pending. No certificate of immediate review was obtained pursuant to OCGA § 5-6-34 (b) and because it is clear that the case is still pending in the court below, the appeal is premature and must be dismissed. Holloway v. McMichael, 151 Ga. App. 802 (261 SE2d 747) (1979); Black v. Sturdivant, 131 Ga. App. 698 (206 SE2d 526) (1974).

Appeal dismissed.

Birdsong, P. J., and Carley, J., concur.

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Sognier, Judge.

James E. Cochran filed this action against Charles E. Terry and Larry Lemming alleging breach of promise and fraud in the sale of land. Terry and Lemming appeal from the trial court’s order granting judgment by default in favor of Cochran on his motion for sanctions. The question of damages as to the ex delicto count of Cochran’s complaint was reserved for hearing by the trial court and is still pending. No certificate of immediate review was obtained pursuant to OCGA § 5-6-34 (b) and because it is clear that the case is still pending in the court below, the appeal is premature and must be dismissed. Holloway v. McMichael, 151 Ga. App. 802 (261 SE2d 747) (1979); Black v. Sturdivant, 131 Ga. App. 698 (206 SE2d 526) (1974).

Appeal dismissed.

Birdsong, P. J., and Carley, J., concur.

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Bluebook (online)

335 S.E.2d 304, 176 Ga. App. 51, 1985 Ga. App. LEXIS 2234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-v-cochran-gactapp-1985.

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