Cramer v. Parrott, 54244
| Decision Date | 16 March 1979 |
| Docket Number | No. 54244,54244 |
| Parties | CRAMER v. PARROTT. |
| Court | Georgia Court of Appeals |
Macey & Zusmann, Dennis M. Hall, Atlanta, for appellant.
Kemper, Baker & Boswell, Joseph R. Baker, Jonesboro, for appellee.
Plaintiff brought this suit to recover on a promissory note. Defendant answered and also filed a third-party complaint against an alleged co-maker of the note. The case came on for trial before a jury. At the close of the evidence, the trial court directed a verdict for plaintiff. A judgment was entered in conformity with the directed verdict. The record reflects that no disposition has been made of the third-party complaint, and it therefore is still pending in the trial court. The trial court's order from which the appeal was taken does not contain the express determination that there was no just reason for delay, nor a direction for the entry of final judgment as provided by CPA § 54(b) (Code Ann. § 81A-154(b)). This order is therefore not a final appealable judgment, and an interlocutory appeal has not been authorized. The appeal is premature and must be dismissed. Middleton v. State Farm Life Ins. Co., 143 Ga.App. 176, 237 S.E.2d 684.
Appeal dismissed.
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...a certification of final judgment is not issued pursuant to OCGA § 9-11-54(b). See OCGA § 5-6-34(a), (b); see, e.g., Cramer v. Parrott, 149 Ga.App. 385, 254 S.E.2d 504. The motion of Titan and First Thrift to dismiss the cross-appeal of Athens Auto is 2. We held in Kesler v. Veal, 182 Ga.Ap......
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State Farm Mut. Auto. Ins. Co. v. Hubbell Metals, Inc., 63009
...against appellee-Reece has yet been made. Accordingly, the instant appeal is dismissed as premature. See generally Cramer v. Parrott, 149 Ga.App. 385, 254 S.E.2d 504 (1979). Appeal DEEN, P. J., and BANKE, J., concur. ...