Miller v. Warner Brothers, Inc.

Full title: MILLER et al. v. WARNER BROTHERS, INC. et al

Court: Court of Appeals of Georgia

Date published: Sep 10, 1997

492 S.E.2d 353 (Ga. Ct. App. 1997)

492 S.E.2d 353

Opinion

A97A2130.

DECIDED SEPTEMBER 10, 1997.

Wrongful death. Fulton State Court. Before Judge Westmoreland.

Salter Shook, Mitchell M. Shook, Jason A. Craig, for appellant.

Troutman Sanders, John J. Dalton, David C. Vigilante, for appellees.

McMURRAY, Presiding Judge.

Margo Miller, Individually, and as Administratrix of the Estate of Olin Miller, filed this wrongful death action against Time Warner Entertainment Company, L.P., Warner Home Video, Inc., Warner Brothers, Inc. ("the Warner defendants") and others. The trial court dismissed the complaint as to the Warner defendants for failure to state a claim upon which relief could be granted. Miller filed this direct appeal. Held:

As claims remain pending against the Warner defendant's co-defendants and because the trial court did not enter an express determination of finality under OCGA § 9-11-54 (b), the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b) were required to be followed to appeal the order dismissing the Warner defendants. Knowles v. Old Spartan Life Ins. Co., 213 Ga. App. 204, 205 (2) ( 444 S.E.2d 136). Miller's failure in the case sub judice to comply with the requisite interlocutory procedures deprives this Court of jurisdiction. This appeal must therefore be dismissed. Appeal dismissed. Beasley and Smith, JJ., concur.

McMURRAY, Presiding Judge.

DECIDED SEPTEMBER 10, 1997.