Home Mart Bldg. Centers, Inc. v. Wallace
| Decision Date | 14 June 1976 |
| Docket Number | No. 3,No. 52276,52276,3 |
| Citation | 139 Ga.App. 49,228 S.E.2d 22 |
| Parties | HOME MART BUILDING CENTERS, INC. v. W. J. WALLACE et al |
| Court | Georgia Court of Appeals |
Gilbert & Bone, James H. Bone, Carrollton, for appellant.
Tisinger, Tisinger & Vance, J. Thomas Vance, Johnson, Beckham & Prince, J. Eugene Beckham, Jr., Smith & Hamrick, Dewey Smith, Carrollton, for appellees.
1. Unless the court in an order dismissing one of multiple defendants makes an express determination of finality as set out in Code § 81A-154(b) the case is still pending in the trial court and the procedure for interlocutory appeals must be followed. Spikes v. Carter Realty Co., 136 Ga.App. 648, 222 S.E.2d 154.
2. By amendment to Code § 6-701(a)(2) (Ga.L.1975, p. 757) the certificate of immediate review to an interlocutory order must be followed by petition to the appellate court involved. Where this is not done, the appeal is premature and must be dismissed. Tingle v. Lokey & Bowden, 137 Ga.App. 368, 223 S.E.2d 763.
The appellee's motion to dismiss the appeal filed in this court is hereby granted.
Appeal dismissed.
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Stancil v. Gwinnett County, s. S89A0281
...is not an appealable order unless the judge has made it a final order under OCGA § 9-11-54(b). Home Mart Building Centers, Inc. v. Wallace, 139 Ga.App. 49, 228 S.E.2d 22 (1976); Spivey v. Rogers, 167 Ga.App. 729, 307 S.E.2d 677 (1983). Therefore, the time for notice of appeal did not run fr......
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Home Mart Bldg. Centers, Inc. v. Wallace
...Plaintiff appealed prematurely from the judgment dismissing Wallace, and this appeal was dismissed in Home Mart Building Centers, Inc. v. Wallace, 139 Ga.App. 49, 228 S.E.2d 22. The case then proceeded to trial after a pre-trial order, and a general judgment was rendered against the defenda......
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Williams v. State, 56896
...review, and no order granting an appeal has been entered. The appeal is premature and must be dismissed. Home Mart Bldg. Centers v. Wallace, 139 Ga.App. 49(2), 228 S.E.2d 22 (1976); Dempsey v. Bradley Center, 139 Ga.App. 615, 616, 229 S.E.2d 104 Appeal dismissed. QUILLIAN, P. J., and McMURR......