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Gamble v. United States Fidelity Guaranty Company

Court of Appeals of Georgia
Jun 12, 1975
217 S.E.2d 403 (Ga. Ct. App. 1975)

Opinion

50161.

ARGUED FEBRUARY 4, 1975.

DECIDED JUNE 12, 1975.

Workmen's compensation; complaint for judgment. Whitfield Superior Court. Before Judge Vining.

Warren N. Coppedge Jr., Conrad Finnel for appellant.

McCamy, Minor, Phillips Tuggle, Carlton McCamy, for appellees.


An application for judgment on a workmen's compensation award under Code § 114-711 was filed by appellant in the Superior Court of Whitfield County and a judgment was entered thereon for compensation, less certain credits, as figured by claimant. Subsequently, during the same term of court, the employer made a motion to set aside or vacate the judgment, based primarily on alleged error in figuring the credit. There was no dispute as to the weekly earnings of the claimant subsequently to the award. The trial judge, after hearing evidence, entered an order setting aside the judgment but did not subsequently thereto take any further action. He neither dismissed the application nor did he remand it to the Board of Workmen's Compensation. Held:

The case, the application for judgment, is still pending in the court below and there being no certificate of review in accordance with Section 1 (a) 2 of the Appellate Practice Act (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073; Code Ann. § 6-701), the appeal must be dismissed as premature.

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


ARGUED FEBRUARY 4, 1975 — DECIDED JUNE 12, 1975.


Summaries of

Gamble v. United States Fidelity Guaranty Company

Court of Appeals of Georgia
Jun 12, 1975
217 S.E.2d 403 (Ga. Ct. App. 1975)
Case details for

Gamble v. United States Fidelity Guaranty Company

Case Details

Full title:GAMBLE v. UNITED STATES FIDELITY GUARANTY COMPANY et al

Court:Court of Appeals of Georgia

Date published: Jun 12, 1975

Citations

217 S.E.2d 403 (Ga. Ct. App. 1975)
217 S.E.2d 403

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