Tingle v. Lokey & Bowden

Court of Appeals of Georgia

Tingle v. Lokey & Bowden

223 S.E.2d 763, 137 Ga. App. 368, 1976 Ga. App. LEXIS 2447

Court of Appeals of Georgia·Decided January 23, 1976·No. 51707·Published·Cited by 6 cases

Opinion

Webb, Judge.

This case was initiated when Benjamin Franklin Tingle, Jr., filed his claim affidavit to a note and security deed levied upon to satisfy a judgment in favor of others. The claim case has not terminated, and the judgments appealed from are (1) an order granting, in part, the motion of plaintiffs in fi. fa. to amend the judgment under which the levy was made, to which amended judgment claimant is not a party, and (2) an order denying claimant’s motion for judgment on the pleadings. Since the interlocutory appeal procedure has not been followed (Code Ann. § 6-701(a) 2), the appeal is premature and must be dismissed. Code Ann. § 6-701.

Appeal dismissed.

Deen, P. J., and Quillian, J., concur.

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

Webb, Judge.

This case was initiated when Benjamin Franklin Tingle, Jr., filed his claim affidavit to a note and security deed levied upon to satisfy a judgment in favor of others. The claim case has not terminated, and the judgments appealed from are (1) an order granting, in part, the motion of plaintiffs in fi. fa. to amend the judgment under which the levy was made, to which amended judgment claimant is not a party, and (2) an order denying claimant’s motion for judgment on the pleadings. Since the interlocutory appeal procedure has not been followed (Code Ann. § 6-701(a) 2), the appeal is premature and must be dismissed. Code Ann. § 6-701.

Appeal dismissed.

Deen, P. J., and Quillian, J., concur.

Tingle v. Lokey & Bowden, 223 S.E.2d 763, 137 Ga. App. 368, 1976 Ga. App. LEXIS 2447 (Ga. Ct. App. 1976).

Pincite

223 S.E.2d 763 (Tingle v. Lokey & Bowden) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related