Mize v. Rampey

Full title: MIZE v. RAMPEY et al.; and vice versa

Court: Supreme Court of Georgia

Date published: Nov 21, 1968

164 S.E.2d 816 (Ga. 1968)

224 Ga. 806

Opinion

24928, 24929.

ARGUED NOVEMBER 13, 1968.

DECIDED NOVEMBER 21, 1968.

Equitable petition. Elbert Superior Court. Before Judge Williford.

J. T. Sisk, Walton Hardin, for appellant.

Grant Matthews, John C. Walden, for appellees.

DUCKWORTH, Chief Justice.

Both the appeal and cross appeal are from judgments which would have been final if rendered as claimed by the appellant and cross appellant. However, the lower court did not certify within 10 days of the judgments here appealed from authorizing an "immediate review" as now required in such cases by Code Ann. § 6-701 (Ga. L. 1965, p. 18; as amended April 8, 1968, Ga. L. 1968, pp. 1072, 1073). See Goldberg v. Monroe, 224 Ga. 693 ( 164 S.E.2d 123). Accordingly, since the appeals are both premature, we have no alternative but to dismiss them.

Appeal and cross appeal dismissed. All the Justices concur.

ARGUED NOVEMBER 13, 1968 — DECIDED NOVEMBER 21, 1968.