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Flagg v. Remco Enterprises, Inc.

Court of Appeals of Georgia
Feb 12, 1990
390 S.E.2d 895 (Ga. Ct. App. 1990)

Opinion

A89A2285, A89A2286.

DECIDED FEBRUARY 12, 1990.

Writ of possession. Bibb Civil Court. Before Judge Davis.

Christine Flagg, pro se. Sarah E. Stevenson, for appellee.


Following the trial court's grant of two writs of possession of several electronic appliances to appellee, appellant filed separate appeals from each order.

We find that these appeals are controlled by our decision in Smalls v. Harrison, 150 Ga. App. 473 ( 258 S.E.2d 227) (1979), and must be dismissed. "`Issuance of a writ of possession does not affect the merits of the case but only the right to possession pending a final decision on the merits. [Cit.]'" Cavender v. First Nat. Bank of Brunswick, 173 Ga. App. 660 ( 327 S.E.2d 789) (1985). Inasmuch as appellant has not obtained a certificate of immediate review, these appeals are premature. Foskey v. Bank of Alapaha, 147 Ga. App. 541 ( 249 S.E.2d 346) (1978). However, after a trial on the merits, a direct appeal is possible from the entry of the judgment. See Cavender v. First Nat. Bank of Brunswick, supra.

Appeals dismissed. Deen, P. J., and Birdsong, J., concur.

DECIDED FEBRUARY 12, 1990.


Summaries of

Flagg v. Remco Enterprises, Inc.

Court of Appeals of Georgia
Feb 12, 1990
390 S.E.2d 895 (Ga. Ct. App. 1990)
Case details for

Flagg v. Remco Enterprises, Inc.

Case Details

Full title:FLAGG v. REMCO ENTERPRISES, INC. (two cases)

Court:Court of Appeals of Georgia

Date published: Feb 12, 1990

Citations

390 S.E.2d 895 (Ga. Ct. App. 1990)
390 S.E.2d 895

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