Associated Architects, Inc. v. Holland

Full title: ASSOCIATED ARCHITECTS, INC. v. HOLLAND

Court: Court of Appeals of Georgia

Date published: Oct 5, 1976

229 S.E.2d 674 (Ga. Ct. App. 1976)

139 Ga. App. 793

Opinion

52555.

ARGUED SEPTEMBER 7, 1976.

DECIDED OCTOBER 5, 1976.

Action on contract. DeKalb State Court. Before Judge Mitchell.

Schreeder, Wheeler Flint, Warren O. Wheeler, Fred J. Pinckney, for appellant.

Haas, Holland, Levison Gibert, Richard N. Hubert, Robert L. Schwind, for appellee.

SMITH, Judge.

Judgment was entered against the defendant-appellee and upon motion of defendant, it was vacated and set aside on April 23, 1976, leaving the case pending in the court below. Notice of appeal from this action was filed on the 5th day of May, 1976. No certificate of review appears in the record, nor does it appear an application for interlocutory appeal was filed and granted according to Section 1 of the Act of 1975 (Ga. L. 1975, pp. 757, 758); Code Ann. § 6-701(a) 2 (A). See also Bouldin v. Mote, 136 Ga. App. 73 ( 220 S.E.2d 79). The appeal, therefore, must be dismissed as premature.

Appeal dismissed. Marshall and McMurray, JJ., concur.

SMITH, Judge.

ARGUED SEPTEMBER 7, 1976 — DECIDED OCTOBER 5, 1976.