Gourmet Delights, Inc. v. Edgewater Country Club, Inc., 75586

• Decision Date: 28 January 1988
• Docket Number: No. 75586,75586
• Citation: 365 S.E.2d 514,185 Ga.App. 660
• Parties: GOURMET DELIGHTS, INC., et al. v. EDGEWATER COUNTRY CLUB, INC.
• Court: Georgia Court of Appeals

Page 514

365 S.E.2d 514

185 Ga.App. 660

GOURMET DELIGHTS, INC., et al. v. EDGEWATER COUNTRY CLUB, INC.

No. 75586.

Court of Appeals of Georgia.

Jan. 28, 1988.

Howard P. Wallace, Griffin, for appellants.

Sanford J. Gerber, Atlanta, for appellee.

McMURRAY, Presiding Judge.

This is a direct appeal from an order striking defendants' answers (for failure to comply with discovery), entering judgment for plaintiff, reserving the issue of damages for trial and awarding plaintiff attorney fees (in connection with its motion for discovery sanctions). Held:

1. Ordinarily, to be appealable, a judgment must be final, i.e., the case must no longer be pending in the trial court. OCGA § 5-6-34(a)(1). "[S]ince it is 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; American Express Co. v. Yondorf, 169 Ga.App. 498, 313 S.E.2d 756.

2. The motion to assess a penalty for frivolous appeal is denied.

Appeal dismissed.

SOGNIER and BEASLEY, JJ., concur.