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Myers v. Mobile America Corporation

Court of Appeals of Georgia
Jul 10, 1974
208 S.E.2d 169 (Ga. Ct. App. 1974)

Opinion

49330.

SUBMITTED MAY 10, 1974.

DECIDED JULY 10, 1974.

Appellate procedure. Bartow Superior Court. Before Judge Emeritus Foster.

William G. Posey, Hugh Nations, for appellants.

Greene Greene, William B. Greene, Jefferson L. Davis, Jr., for appellees.


Where, as in the present case, an action was brought by a plaintiff against two defendants who cross claimed against plaintiff and three others as joint tortfeasors, and the trial judge sustained a motion of the three others to be dismissed as parties because of lack of venue, and the order of dismissal contains no express determination there is no reason for delay, and no express direction for the entry of an appealable judgment, such order "does not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties," (Section 54 of the Civil Practice Act; Ga. L. 1966, pp. 609, 658; Code Ann. § 81A-154 (b)), and in the absence of a certificate of review, the order is not appealable, and the appeal, on motion, must be dismissed. Davis v. Roper, 119 Ga. App. 442 ( 167 S.E.2d 685); White v. Wright, 124 Ga. App. 151 ( 183 S.E.2d 90); Williams v. Horn, 124 Ga. App. 485 ( 184 S.E.2d 198).

Appeal dismissed. Clark and Webb, JJ., concur.

SUBMITTED MAY 10, 1974 — DECIDED JULY 10, 1974.


Summaries of

Myers v. Mobile America Corporation

Court of Appeals of Georgia
Jul 10, 1974
208 S.E.2d 169 (Ga. Ct. App. 1974)
Case details for

Myers v. Mobile America Corporation

Case Details

Full title:MYERS et al. v. MOBILE AMERICA CORPORATION et al

Court:Court of Appeals of Georgia

Date published: Jul 10, 1974

Citations

208 S.E.2d 169 (Ga. Ct. App. 1974)
208 S.E.2d 169

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