Williams v. Horn

Court of Appeals of Georgia

Williams v. Horn

184 S.E.2d 198, 124 Ga. App. 485, 1971 Ga. App. LEXIS 980

CourtCourt of Appeals of Georgia

DecidedSeptember 29, 1971

Docket46513

StatusPublished

Cited by6 cases

This text of 184 S.E.2d 198 (Williams v. Horn) 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

Williams v. Horn, 184 S.E.2d 198, 124 Ga. App. 485, 1971 Ga. App. LEXIS 980 (Ga. Ct. App. 1971).

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Opinion

Per curiam.

In this case the defendant answered the plaintiff’s complaint and also counterclaimed. A jury verdict was rendered for the plaintiff and judgment entered. No final order has been entered adjudicating the defendant’s counterclaim. Although during the trial the judge orally declared that he was going to strike the defendant’s counterclaim, no written order to that effect has been entered. What the judge orally declares is no judgment until it has been put in writing and entered. Construction & Geni. Laborers Union v. Williams Constr. Co., 212 Ga. 691 (1) (95 SE2d 281). Thus, the counterclaim is still pending in the court below. The judgment in favor of the plaintiff from which the appeal in this case was taken does not contain "an express determination that there is no just reason for delay and upon an express direction for the entry of judgment” as required by CPA § 54 (b) (Code Ann. § 81A-154 (b)). There is no certificate in the record for immediate review as provided for by the Appellate Practice Act, as amended. Ga. L. 1968, pp. 1072, 1073 (Code Ann. §6-701 (a) 2). Thus there is no appeal-able judgment and we are without power to entertain this appeal. Givens v. Gray, 124 Ga. App. 152 (183 SE2d 29). See also Davis v. Roper, 119 Ga. App. 442 (167 SE2d 685); D. Davis & Co. v. Plunkett, 119 Ga. App. 453 (167 SE2d 663).

Appeal dismissed.

Bell, C. J., Pannell, and Deen, JJ., concur. *486 Argued September 8, 1971 Decided September 29, 1971. George Williams, Jr., pro se.

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Per curiam.

In this case the defendant answered the plaintiff’s complaint and also counterclaimed. A jury verdict was rendered for the plaintiff and judgment entered. No final order has been entered adjudicating the defendant’s counterclaim. Although during the trial the judge orally declared that he was going to strike the defendant’s counterclaim, no written order to that effect has been entered. What the judge orally declares is no judgment until it has been put in writing and entered. Construction & Geni. Laborers Union v. Williams Constr. Co., 212 Ga. 691 (1) (95 SE2d 281). Thus, the counterclaim is still pending in the court below. The judgment in favor of the plaintiff from which the appeal in this case was taken does not contain "an express determination that there is no just reason for delay and upon an express direction for the entry of judgment” as required by CPA § 54 (b) (Code Ann. § 81A-154 (b)). There is no certificate in the record for immediate review as provided for by the Appellate Practice Act, as amended. Ga. L. 1968, pp. 1072, 1073 (Code Ann. §6-701 (a) 2). Thus there is no appeal-able judgment and we are without power to entertain this appeal. Givens v. Gray, 124 Ga. App. 152 (183 SE2d 29). See also Davis v. Roper, 119 Ga. App. 442 (167 SE2d 685); D. Davis & Co. v. Plunkett, 119 Ga. App. 453 (167 SE2d 663).

Appeal dismissed.

Bell, C. J., Pannell, and Deen, JJ., concur. *486 Argued September 8, 1971 Decided September 29, 1971. George Williams, Jr., pro se.

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Bluebook (online)

184 S.E.2d 198, 124 Ga. App. 485, 1971 Ga. App. LEXIS 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-horn-gactapp-1971.

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