Legal Opinion
Home Mart Building Centers, Inc. v. Wallace
Court of Appeals of Georgia
Decided June 14, 1976No. 52276PublishedCited by 6 opinions
1Opinion of the Court
Deen, Presiding Judge.
1. Unless the court in an order dismissing one of multiple defendants makes an express determination of finality as set out in Code § 81A-154 (b) the case is still pending in the trial court and the procedure for interlocutory appeals must be followed. Spikes v. Carter Realty Co., 136 Ga. App. 648 (222 SE2d 154).
2. By amendment to Code § 6-701 (a) (2) (Ga. L. 1975, p. 757) the certificate of immediate review to an interlocutory order must be followed by petition to the appellate court involved. Where this is not done, the appeal is premature and must be dismissed. Tingle…
2Cases cited2 opinions
- Tingle v. Lokey & BowdenCourt of Appeals of Georgia · 1976
- Spikes v. CARTER REALTY COMPANYCourt of Appeals of Georgia · 1975
3Cited by6 opinions
- Stancil v. Gwinnett CountySupreme Court of Georgia · 1989
- Williams v. StateCourt of Appeals of Georgia · 1978
- All Risk Insurance Agency, Inc. v. Rockbridge Sanitation Co.Court of Appeals of Georgia · 1983
- Cobb Bank & Trust Co. v. BaierCourt of Appeals of Georgia · 1980
- Home Mart Building Centers, Inc. v. WallaceCourt of Appeals of Georgia · 1977
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