Opinion
59292.
SUBMITTED JANUARY 9, 1980.
DECIDED JANUARY 28, 1980.
Motion to dismiss. DeKalb State Court. Before Judge Mitchell.
W. Christopher Bracken, for appellant.
Adolphus B. Orthwein, Jr., for appellee.
The plaintiff appeals from an order granting a motion to dismiss by one of two defendants. Held:
The lower court issued a certificate of immediate review but the plaintiff failed to timely apply to this court to grant its application for appeal. In the absence of compliance with Code Ann. § 6-701 (a) 2 (Ga. L. 1965, p. 18; as amended through Ga. L. 1979, pp. 619, 620), the appeal is premature. Home Mart Building Centers v. Wallace, 139 Ga. App. 49 (2) ( 228 S.E.2d 22).
Appeal dismissed. Shulman and Carley, JJ., concur.