Home Mart Building Centers, Inc. v. Wallace

Full title: HOME MART BUILDING CENTERS, INC. v. WALLACE et al

Court: Court of Appeals of Georgia

Date published: Jun 14, 1976

228 S.E.2d 22 (Ga. Ct. App. 1976)

228 S.E.2d 22

Opinion

52276.

ARGUED MAY 24, 1976.

DECIDED JUNE 14, 1976.

Materialman's lien. Carroll Superior Court. Before Judge Knight.

Gilbert Bone, James H. Bone, for appellant.

Tisinger, Tisinger Vance, J. Thomas Vance, Johnson, Beckham Prince, J. Eugene Beckham, Smith Hamrick, Dewey Smith, for appellees.

DEEN, Presiding Judge.

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. Quillian and Webb, JJ., concur.

DEEN, Presiding Judge.

ARGUED MAY 24, 1976 — DECIDED JUNE 14, 1976.