Summary
In Turner v. Wood, 159 Ga. App. 850 (285 S.E.2d 589) (1981), appellant-defendant's appeal was dismissed as premature because there was no entry of a final order of the trial court disbursing the funds answered into court by the garnishee.
Summary of this case from Turner v. WoodOpinion
62623.
DECIDED OCTOBER 7, 1981.
Garnishment. Fulton State Court. Before Judge Alexander.
William D. Smith, for appellant.
Paul C. Myers, for appellee.
Appellant-defendant filed a notice of appeal from the order of the trial judge denying defendant's traverse of plaintiff's affidavit. In this court plaintiff-appellee moves to dismiss the appeal on the basis that the judgment is not final and appealable and that the appeal is, therefore, premature. Although the trial court ruled in favor of the plaintiff with regard to defendant's traverse, there is no order of the trial court disbursing the funds answered into court by the garnishee. "No final order has been entered in the main case. The appeal is accordingly premature." Knox v. Knox, 151 Ga. App. 144 ( 259 S.E.2d 150) (1979). See also Marbut Co. v. Capital City Bank, 148 Ga. App. 664 ( 252 S.E.2d 85) (1979). The motion to dismiss is granted.
Appeal dismissed. Deen, P. J., and Banke, J., concur.