Legal Opinion

English v. TUCKER FEDERAL SAVINGS & LOAN ASSOCIATION

Court of Appeals of Georgia

Decided June 6, 1985No. 70670PublishedCited by 15 opinions

1Opinion of the Court

Sognier, Judge.

Appellant obtained a judgment against appellee when it failed to answer the summons of garnishment. Appellee moved the trial court to set aside the judgment for failure to serve the proper party and insufficiency of service. The trial court granted the motion which leaves the case pending below as the complaint was not dismissed. This judgment therefore is not a final one. Mayson v. Malone, 122 Ga. App. 814 (178 SE2d 806) (1970). Because appellant failed to com*70ply with the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b), the appeal is premature and must be…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Mayson v. MaloneCourt of Appeals of Georgia · 1970
  2. Finance America Corp. v. DrakeCourt of Appeals of Georgia · 1979

3Cited by15 opinions

  1. Scruggs v. Georgia Department of Human ResourcesSupreme Court of Georgia · 1991
  2. Mauer v. Parker Fibernet, LLCCourt of Appeals of Georgia · 2010
  3. Neal v. StateCourt of Appeals of Georgia · 1987
  4. Laff Lines, Ltd. v. DiMauroCourt of Appeals of Georgia · 1988
  5. Rolleston v. CherryCourt of Appeals of Georgia · 1998

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