Moore v. Filler

Full title: MOORE v. FILLER et al

Court: Court of Appeals of Georgia

Date published: Nov 9, 1984

323 S.E.2d 504 (Ga. Ct. App. 1984)

323 S.E.2d 504

Opinion

68898.

DECIDED NOVEMBER 9, 1984.

Appeal dismissal. Walker Superior Court. Before Judge Loggins.

Daniel C. B. Levy, for appellant.

John T. Minor IV, David P. Daniel, L. Hugh Kemp, Ronald R. Womack, for appellees.

McMURRAY, Chief Judge.

In the case sub judice, on the motion of one of the several defendants (Dr. Judson C. Filler), the trial court dismissed the complaint as to defendant Filler. However, such order here does not constitute a final judgment. American Mut. Liability Ins. Co. v. Moore, 120 Ga. App. 624 ( 171 S.E.2d 751); Taylor v. McBerry, 138 Ga. App. 593 ( 226 S.E.2d 607). Thus, the plaintiff was required to pursue the procedure for interlocutory review. Commercial Bank v. Simmons, 157 Ga. App. 391 ( 278 S.E.2d 53); Continental Ins. Co. v. Carter, 169 Ga. App. 747 ( 315 S.E.2d 262). Consequently, as plaintiff failed to pursue the interlocutory review procedure, the appeal is premature.

Appeal dismissed. Deen, P. J., and Sognier, J., concur.

McMURRAY, Chief Judge.

DECIDED NOVEMBER 9, 1984.