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

CourtCourt of Appeals of Georgia

DecidedJanuary 23, 1976

Docket51707

StatusPublished

Cited by6 cases

This text of 223 S.E.2d 763 (Tingle v. Lokey & Bowden) 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

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

Pincite

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.

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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.

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Bluebook (online)

223 S.E.2d 763, 137 Ga. App. 368, 1976 Ga. App. LEXIS 2447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tingle-v-lokey-bowden-gactapp-1976.

Opinion

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