Legal Opinion

Cavender v. First National Bank

Court of Appeals of Georgia

Decided March 5, 1985No. 69295, 69296PublishedCited by 2 opinions

1Opinion of the Court

Pope, Judge.

Appellant separately appeals from two orders, entered after a hearing, each granting to appellee a writ of possession of a specified motor vehicle pursuant to OCGA § 44-14-234. Held:

Based upon this court’s opinion in Smalls v. Harrison, 150 Ga. App. 473 (258 SE2d 227) (1979), these consolidated appeals must be dismissed. “Issuance of a writ of possession does not affect the merits of the case but only the right to possession pending a final decision on the merits. [OCGA § 44-14-234 (4)]. There being no certificate[s] of immediate review the instant [appeals are] premature. Foskey…

2Cases cited5 opinions

  1. Foskey v. Bank of AlapahaCourt of Appeals of Georgia · 1978
  2. Jordan v. Farmers & Merchants BankCourt of Appeals of Georgia · 1976
  3. Sumner v. Adel Banking CompanySupreme Court of Georgia · 1978
  4. Coppage v. Mellon BankCourt of Appeals of Georgia · 1977
  5. Smalls v. HarrisonCourt of Appeals of Georgia · 1979

3Cited by2 opinions

  1. Flagg v. Remco Enterprises, Inc.Court of Appeals of Georgia · 1990
  2. Smith v. General Motors Acceptance Corp.Court of Appeals of Georgia · 1986

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