Mathews v. Fidelcor Mortgage Corporation

Full title: MATHEWS v. FIDELCOR MORTGAGE CORPORATION

Court: Court of Appeals of Georgia

Date published: Nov 28, 1977

240 S.E.2d 758 (Ga. Ct. App. 1977)

240 S.E.2d 758

Opinion

54758.

SUBMITTED OCTOBER 31, 1977.

DECIDED NOVEMBER 28, 1977.

Action on lease. Clayton State Court. Before Judge Foster.

Oze R. Horton, for appellant.

Beth Lanier, William I. Crosby, for appellee.

McMURRAY, Judge.

This is a dispossessory proceeding against a tenant holding over brought under the provisions of Code Ch. 61-3, as amended. The defendant-tenant appeals the denial of his motion to dismiss for failure to state a claim. Held:

The record shows no final judgment has been entered in this case, and there is no certificate for immediate review. This appeal is premature and must be dismissed. Code Ann. § 6-701 (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. 757, 758); Tenneco Oil Co. v. Mullis, 118 Ga. App. 540 ( 164 S.E.2d 312); Greene v. Atlantis Realty Co., 118 Ga. App. 400 ( 163 S.E.2d 895). Nor did defendant follow the interlocutory procedure to have the trial court's order reviewed. Tingle v. Lokey Bowden, 137 Ga. App. 368 ( 223 S.E.2d 763).

Appeal dismissed. Bell, C. J., and Smith, J., concur.

SUBMITTED OCTOBER 31, 1977 — DECIDED NOVEMBER 28, 1977.