Richardson v. General Motors Corp., A96A0039
Citation | 472 S.E.2d 143,221 Ga.App. 583 |
Decision Date | 30 May 1996 |
Docket Number | No. A96A0039,A96A0039 |
Parties | RICHARDSON v. GENERAL MOTORS CORPORATION. |
Court | United States Court of Appeals (Georgia) |
Kunle Ogundele, Atlanta, for appellant.
King & Spalding, Sara E. Barton, Chilton D. Varner, Atlanta, for appellee.
Marzine Richardson filed an action against General Motors Corporation ("General Motors") to recover losses she allegedly sustained after purchasing a defective automobile from General Motors. General Motors denied the material allegations of the complaint and, after extended discovery, filed a motion to enforce settlement that was allegedly reached by the parties. The trial court granted this motion, finding that the parties settled the case in exchange for General Motors' promise to "pay [Richardson] twenty thousand dollars ($20,000) to buy back [Richardson's] 1993 Pontiac Firebird." The trial court amended this order on April 28, 1995, requiring General Motors to pay $1,000 into the trial court's registry to satisfy an attorney fees lien filed by Richardson's former attorney. The trial court stated that "[a] hearing will be set at a later date with respect to this lien." Richardson later filed a notice of appeal, specifying that the appeal is "from a judgment/order of the Superior Court of Fulton County entered in the clerk's office on April 28, 1995, and which judgment/order modified a previous order of the court dated 2/2/95 enforcing a purported Agreement between the parties." Before this direct appeal was docketed in the Court of Appeals, the trial court entered a final order on June 8, 1995, disbursing the money to satisfy the attorney's lien. Held:
Martin v. Farrington, 179 Ga.App. 227, 346 S.E.2d 5. Richardson's notice of appeal in the case sub judice is from an order which, by its very terms, is interlocutory and therefore appealable only via the procedure set forth in OCGA § 5-6-34(b). Consequently, since Richardson failed to follow this subsection's interlocutory appeal procedure and since no amendment has been Martin v. Farrington, 179 Ga.App. 227, 346 S.E.2d 5, supra. Dismissal of the appeal is unavoidable even though the trial court issued a final judgment on June 8, 1995. " ...
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...750 (1967); OCGA § 5-6-48(b)(2)." Martin v. Farrington, 179 Ga. App. 227, 346 S.E.2d 5 (1986). See also Richardson v. Gen. Motors Corp., 221 Ga. App. 583, 472 S.E.2d 143 (1996). The notice of appeal here is from an order which is interlocutory and therefore appealable only pursuant to OCGA ......
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