Spivey v. Rogers

Quillian, Presiding Judge.

Appeal was taken from an order dismissing the plaintiffs cross-complaint against an added party and assigning the remainder of the cause (involving the defendant’s counterclaim against the plaintiff) for jury trial. Held:

Where there is a case involving multiple parties or multiple claims, a decision adjudicating fewer than all the claims or the rights and liabilities of less than all the parties is not a final judgment. OCGA § 9-11-54 (Code Ann. § 81A-154). In such circumstances, there must be an express determination under OCGA § 9-11-54 (b) (Code Ann. § 81A-154) or…