Foskey v. Bank of Alapaha
| Decision Date | 16 October 1978 |
| Docket Number | No. 56313,56313 |
| Citation | 249 S.E.2d 346,147 Ga.App. 541 |
| Parties | FOSKEY v. BANK OF ALAPAHA |
| Court | Georgia Court of Appeals |
Elsie Higgs Griner, Nashville, J. Laddie Boatright, Hazlehurst, for appellant.
Yancey, Perkins & Barnick, Carson Dane Perkins, Nashville, Sumner & Mitchell, Douglas W. Mitchell, III, Douglas, for appellee.
The instant appeal was taken from an order following a hearing pursuant to Code Ann. § 67-705 (Ga.L.1974, pp. 398, 401). The trial judge ordered certain past due amounts to be paid into court as well as other amounts as they became due. Held:
Subsection (d) of Code Ann. § 67-705 provides: Citing that authority, in Dein v. Citizens Jewelry, 145 Ga.App. 118, 243 S.E.2d 286, this court held that an order entered pursuant to Code Ann. § 67-705 was not final and thus a direct appeal from such order would not lie. The recent Supreme Court case of Sumner v. Adel Banking Co., 241 Ga. 563, 246 S.E.2d 680, points out that whether a judgment is appealable must be determined by Code Ann. § 6-701(a) () and Code Ann. § 81A-154(b) (CPA; Ga.L.1966, pp. 609, 658; 1976, pp. 1047, 1049). The judgment here was not dispositive of the case and therefore lacks finality as required by those Code sections. Since the judgment was not final and there was no compliance with the interlocutory appeal provision of Code Ann. § 6-701(a) 2, the appeal is subject to dismissal.
For the benefit of the parties, however, we point out at an evidentiary hearing under Code Ann. § 67-705 the trial judge only determines the "amounts actually to become due." Candler I-20 Properties v. Inn Keepers Supply Co., 137 Ga.App. 94, 97, 222 S.E.2d 881, 884. Accord, Jordan v. Farmers &c. Bank of South Carolina, 138 Ga.App. 43, 44, 225 S.E.2d 498; Coppage v. MellonBank, 142 Ga.App. 12(2), 234 S.E.2d 824 (disapproved on other grounds, Sumner v. Adel Banking Co., supra). The defendant is only required to pay into the registry of the...
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Camp v. Coweta County
...Ga.App. 204, 205(2), 444 S.E.2d 136 (1994); Cherry v. Hersch, 193 Ga.App. 471, 472(1), 388 S.E.2d 64 (1989); Foskey v. Bank of Alapaha, 147 Ga.App. 541, 249 S.E.2d 346 (1978). Therefore, this Court is without jurisdiction to consider Camp's appeal of the grant of the county defendants' moti......
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Brown v. Associates Financial Services Corp.
...... C. & S. Nat. Bank v. Rayle, 246 Ga. 727, 729-730, 273 S.E.2d 139 (1980). OCGA § 5-6-35 was amended, effective July ... See also Smalls v. Harrison, 150 Ga.App. 473, 474, 258 S.E.2d 227 (1979); Foskey v. Bank of Alapaha, . Page 894. 147 Ga.App. 541, 249 S.E.2d 346 (1978). I would reverse the ......
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O'Kelly v. International Business Machines Corp., 61739
...is not reviewable at this point in time. See Jordan v. Ford Motor Credit Co., 147 Ga.App. 515, 516, 249 S.E.2d 327; Foskey v. Bank of Alapaha, 147 Ga.App. 541, 249 S.E.2d 346; Smalls v. Harrison, 150 Ga.App. 473, 474, 258 S.E.2d 227. Compare King Orthopedic Appliances v. Medical Funding Svc......
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Cavender v. First Nat. Bank of Brunswick, s. 69295
...[OCGA § 44-14-234(4) ]. There being no certificate[s] of immediate review the instant [appeals are] premature. Foskey v. Bank of Alapaha, 147 Ga.App. 541 (249 SE2d 346) [(1978)]; Sumner v. Adel Banking Co., 241 Ga. 563 (246 SE2d 680) [(1978)]." Id., 150 Ga.App. at 474, 258 S.E.2d 227. In th......