Ekbery v. Bollenbach

Full title: EKBERY v. BOLLENBACH

Court: Court of Appeals of Georgia

Date published: Nov 3, 1966

152 S.E.2d 8 (Ga. Ct. App. 1966)

152 S.E.2d 8

Opinion

42218.

SUBMITTED SEPTEMBER 12, 1966.

DECIDED NOVEMBER 3, 1966.

Appellate procedure. Fulton Civil Court. Before Judge Webb.

Samuel L. Eplan, for appellant.

DEEN, Judge.

Code Ann. § 6-802 of the new Appellate Practice Act (Ga. L. 1965, pp. 18, 20) provides that the notice of appeal shall contain "a concise statement of the judgment, ruling or order entitling the appellant to take an appeal." The notice of appeal here recites that the order appealed from is one "denying defendant's motion to strike the plaintiff's amendment," which is neither a final judgment nor one which would have been final if rendered as contended by the appellant. Spence v. Sports Arena, Inc., 108 Ga. App. 658 ( 134 S.E.2d 504). It follows that the appeal must be

Dismissed. Nichols, P. J., and Hall, J., concur.

SUBMITTED SEPTEMBER 12, 1966 — DECIDED NOVEMBER 3, 1966.