Vintage Enterprises, Inc. v. Powers

Court of Appeals of Georgia

Vintage Enterprises, Inc. v. Powers

334 S.E.2d 383, 175 Ga. App. 785, 1985 Ga. App. LEXIS 2185

CourtCourt of Appeals of Georgia

DecidedSeptember 4, 1985

Docket70692

StatusPublished

Cited by3 cases

This text of 334 S.E.2d 383 (Vintage Enterprises, Inc. v. Powers) 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.

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Vintage Enterprises, Inc. v. Powers, 334 S.E.2d 383, 175 Ga. App. 785, 1985 Ga. App. LEXIS 2185 (Ga. Ct. App. 1985).

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Opinion

Carley, Judge.

In this dispossessory action, the individual appellees were granted an immediate writ of possession as to certain premises occupied by appellant. The order granting the writ of possession expressly stated that “[a] 11 questions relating to damages suffered by [appellees] as a result of [appellant’s] refusal to vacate are hereby reserved for further determination. . . .” Appellant filed an application for an interlocutory appeal from the order of the trial court, which application was denied. The instant direct appeal was also filed.

It appears from the record that appellees’ claim for damages relating to the dispute over possession of the premises remains pending. The order from which appeal was taken adjudicates less than all claims, and it does not provide for the entry of final judgment pursuant to OCGA § 9-11-54 (b). Under such circumstances, the writ of possession does not constitute a final judgment. See Givens v. Gray, 124 Ga. App. 152 (183 SE2d 29) (1971). Accordingly, appellant’s direct appeal must be dismissed as premature. Grantham v. Nelson, 160 Ga. App. 68 (286 SE2d 59) (1981); Johnson v. Gwinnett County Bank, 156 Ga. App. 597 (275 SE2d 157) (1980); Givens v. Gray, supra.

Appeal dismissed.

Birdsong, P. J., and Sognier, J., concur.

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Carley, Judge.

In this dispossessory action, the individual appellees were granted an immediate writ of possession as to certain premises occupied by appellant. The order granting the writ of possession expressly stated that “[a] 11 questions relating to damages suffered by [appellees] as a result of [appellant’s] refusal to vacate are hereby reserved for further determination. . . .” Appellant filed an application for an interlocutory appeal from the order of the trial court, which application was denied. The instant direct appeal was also filed.

It appears from the record that appellees’ claim for damages relating to the dispute over possession of the premises remains pending. The order from which appeal was taken adjudicates less than all claims, and it does not provide for the entry of final judgment pursuant to OCGA § 9-11-54 (b). Under such circumstances, the writ of possession does not constitute a final judgment. See Givens v. Gray, 124 Ga. App. 152 (183 SE2d 29) (1971). Accordingly, appellant’s direct appeal must be dismissed as premature. Grantham v. Nelson, 160 Ga. App. 68 (286 SE2d 59) (1981); Johnson v. Gwinnett County Bank, 156 Ga. App. 597 (275 SE2d 157) (1980); Givens v. Gray, supra.

Appeal dismissed.

Birdsong, P. J., and Sognier, J., concur.

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334 S.E.2d 383, 175 Ga. App. 785, 1985 Ga. App. LEXIS 2185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vintage-enterprises-inc-v-powers-gactapp-1985.

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