Black v. Sturdivant, 48929
| Decision Date | 30 April 1974 |
| Docket Number | No. 48929,No. 1,48929,1 |
| Citation | 131 Ga.App. 698,206 S.E.2d 526 |
| Parties | James B. BLACK v. Roddy STURDIVANT |
| Court | Georgia Court of Appeals |
Darryl R. Vandeford, Lawrenceville, for appellant.
Edward W. Gadrix, Jr., Decatur, for appellee.
Syllabus Opinion by the Court
In the absence of a certificate of immediate review or unless a case falls within the exceptions contained in Section 1(a)(3) of the Appellate Practice Act (Code Ann. § 6-701(a)(3); Ga.L.1965, p. 18; 1968, pp. 1072, 1073), in order to be appealable a judgment must be final; that is, 'where the cause is no longer pending in the court below.' Here, the trial judge declared the case to be in default and rendered judgment against the defendant 'with the right in plaintiff to present evidence to the jury as to unliquidated damages which may be involved.' No certificate of immediate review was obtained and since it is clear that the case is still pending in the court below the appeal is premature and therefore subject to dismissal.
Appeal dismissed.
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Johnson v. G.A.B. Business Services, Inc., 67663
...246 S.E.2d 308 (1978). See also Williamson v. Bank Building etc. Corp., 162 Ga.App. 295(2), 291 S.E.2d 124 (1982); Black v. Sturdivant, 131 Ga.App. 698, 206 S.E.2d 526 (1974). Since the issue of attorney fees had not been finally adjudicated at the time plaintiff brought his initial appeal,......
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Miller v. Miller
...which leaves other issues for decision in the trial court, it is an interlocutory, not a final, order"); see also, Black v. Sturdivant, 131 Ga.App. 698, 206 S.E.2d 526 (1974) (order entering judgment against a defendant but reserving to the plaintiff a right to present evidence as to unliqu......
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Gourmet Delights, Inc. v. Edgewater Country Club, Inc., 75586
...clear that the case is still pending in the court below the appeal is premature and therefore subject to dismissal." Black v. Sturdivant, 131 Ga.App. 698, 206 S.E.2d 526. See Havischak v. Neal, 176 Ga.App. 203, 335 S.E.2d 469. See also Vowell v. Carmichael, 235 Ga. 410, 219 S.E.2d 735; Amer......
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