English v. Tucker Federal Sav. & Loan Ass'n, 70670
| Decision Date | 06 June 1985 |
| Docket Number | No. 70670,70670 |
| Citation | 175 Ga.App. 69,332 S.E.2d 365 |
| Parties | ENGLISH v. TUCKER FEDERAL SAVINGS & LOAN ASSOCIATION et al. |
| Court | Georgia Court of Appeals |
Winship E. Rees, Lawrenceville, for appellant.
Walter C. Alford, Decatur, for appellees.
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 S.E.2d 806 (1970). Because appellant failed to comply with the interlocutory appeal procedure set forth in OCGA § 5-6-34(b), the appeal is premature and must be dismissed. Finance America Corp. v. Drake, 151 Ga.App. 383, 259 S.E.2d 739 (1979).
Appeal dismissed.
I agree completely with the majority's conclusion that the appeal in this case must be dismissed. However, the majority dismisses on the basis that the appeal is "premature" because the order sought to be appealed is an interlocutory one and there has been no compliance with the interlocutory appeal procedure prescribed by OCGA § 5-6-34(b). I write only to point out that even if the judgment sought to be reviewed in this case were final, we would nevertheless be without jurisdiction over this case as a direct appeal because it is a case involving garnishment and an appeal in such case can only be taken pursuant to an order granting a discretionary appeal. OCGA § 5-6-35(a)(4).
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Henderson v. Smith, 70727
...and must be dismissed. [Cits.]" Terry v. Cochran, 176 Ga.App. 51, 335 S.E.2d 304 (1985). See also English v. Tucker Fed. Savings, etc., Asson., 175 Ga.App. 69, 332 S.E.2d 365 (1985). Appeal DEEN, P.J., and BEASLEY, J., concur. ...
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...instant appeal is premature and must be dismissed. See Griffith, 175 Ga.App. at 533, 333 S.E.2d 647; English v. Tucker Fed. Sav., etc. Assn., 175 Ga.App. 69, 69-70, 332 S.E.2d 365 (1985).2 Appeal dismissed. BARNES, P.J., and Senior Appellate Judge G. ALAN BLACKBURN, concur. 1 The trial cour......
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Guy v. Roberson
...appeal [from the grant of an OCGA § 9-11-60(d) motion to set aside] is [unauthorized] and must be dismissed. English v. Tucker Fed. S & L Assn., 175 Ga.App. 69, 332 S.E.2d 365; Walton v. Collins, 172 Ga.App. 736, 324 S.E.2d 574; Franklin v. Collins, 162 Ga.App. 755, 293 S.E.2d 364; Notrica ......
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Scruggs v. Georgia Dept. of Human Resources, S91A0707
...118, 392 S.E.2d 713 (Cert. denied) (1990); Neal v. State, 182 Ga.App. 37, 354 S.E.2d 664 (1987); see English v. Tucker Federal Sav. & Loan Ass'n, 175 Ga.App. 69, 332 S.E.2d 365 (1985). See also Smith, Justice, Appeals in Domestic Relations Cases From the Court's Point of View, Spring 1987, ......