Wright v. Wright

Full title: WRIGHT v. WRIGHT et al

Court: Court of Appeals of Georgia

Date published: May 25, 1976

228 S.E.2d 9 (Ga. Ct. App. 1976)

228 S.E.2d 9

Opinion

52209.

ARGUED MAY 5, 1976.

DECIDED MAY 25, 1976. REHEARING DENIED JUNE 15, 1976.

Garnishment. Gwinnett Superior Court. Before Judge Cheeley.

J. C. Rary, Beth Lanier, for appellant.

Serby Mitchell, Louis C. Parker, III, for appellees.

WEBB, Judge.

In this garnishment case the trial court set aside a judgment against the garnishee but did not terminate the garnishment proceeding. This order is not a final judgment. Finch v. Kilgore, 120 Ga. App. 320 ( 170 S.E.2d 304). There is no certificate of immediate review nor has this court granted an application for an appeal under Code Ann. § 6-701 (a). The appeal is premature and must be dismissed. Nash v. Carlile, 138 Ga. App. 906. On remand see Coursin v. Harper, 236 Ga. 729; Battles v. Battles, 138 Ga. App. 841.

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

WEBB, Judge.

ARGUED MAY 5, 1976 — DECIDED MAY 25, 1976 — REHEARING DENIED JUNE 15, 1976 — CERT. APPLIED FOR.