Zappa v. Ewing

Full title: ZAPPA v. EWING et al

Court: Court of Appeals of Georgia

Date published: Mar 5, 1968

160 S.E.2d 640 (Ga. Ct. App. 1968)

160 S.E.2d 640

Opinion

43416.

SUBMITTED FEBRUARY 6, 1968.

DECIDED MARCH 5, 1968.

Appellate procedure. Fulton Civil Court. Before Judge Langford.

Preston L. Holland, for appellant.

Gambrell, Russell, Moye Killorin, Edward W. Killorin, David A. Handley, H. B. Thompson, for appellees.

PER CURIAM.

Defendant Zappa took this appeal from the judgment of the trial court denying his motion to add Allstate Insurance Company as a party defendant. This motion did not attempt to assert a third party claim against Allstate under Code Ann. § 81A-114 (Ga. L. 1966, pp. 609, 627). The judgment appealed from was not a final judgment or one which would have been final if rendered as contended for by appellant. Code Ann. § 6-701 (Ga. L. 1965, p. 18); Smith v. Winer, 219 Ga. 738 ( 135 S.E.2d 892). It follows that the appeal must be.

Dismissed. Bell, P. J., Hall and Quillian, JJ., concur.

SUBMITTED FEBRUARY 6, 1968 — DECIDED MARCH 5, 1968.