Opinion
A92A0648.
DECIDED APRIL 30, 1992.
Land condemnation. Bibb Superior Court. Before Judge Culpepper.
F. Robert Raley, for appellant.
Jones, Cork Miller, Warren W. Plowden, Jr., W. Kerry Howell, for appellee.
Pursuant to OCGA § 22-2-100 et seq., appellee-condemnor initiated condemnation proceedings against the property of appellant-condemnee. From the award of the special master, appellant filed not only a timely appeal as to the amount of just and adequate compensation, but also timely exceptions as to certain legal issues. The superior court overruled appellant's exceptions and entered judgment condemning the property. From that judgment, appellant brings the instant appeal, even though the issue of just and adequate compensation is still pending below.
The judgment condemning appellant's property is not the final order in the instant condemnation action because an appeal "to the superior court [as to the amount of just and adequate compensation is] still pending in that court.... [A]ppellant has [not complied with the interlocutory appeal requirements of OCGA § 5-6-34 (b)]; thus, the appeal must be dismissed. [Cits.]" Concept Capital Corp. v. DeKalb County, 172 Ga. App. 838 ( 325 S.E.2d 169) (1984). See also Coffey Enterprises Realty Dev. Co. v. Dept. of Transp., 159 Ga. App. 903 ( 286 S.E.2d 44) (1981) (condemnation pursuant to OCGA § 32-3-4 et seq.).
Chamlee v. Dept. of Transp., 189 Ga. App. 334 ( 375 S.E.2d 626) (1988) (condemnation pursuant to OCGA § 32-3-4 et seq.) and Cox Communications v. Dept. of Transp., 178 Ga. App. 499 ( 343 S.E.2d 765) (1986), rev'd on other grounds 256 Ga. 455 ( 349 S.E.2d 450) (1986) (condemnation pursuant to OCGA § 32-3-4 et seq.) do not compel a different result. The issue of jurisdiction was not considered in either of those cases and neither is, therefore, authority which is contrary to our dismissal of the instant appeal. Appellant will be entitled to appeal directly and raise all issues regarding the condemnation of her property when the issue of just and adequate compensation is no longer pending below and all issues have become final. See Skipper v. Dept. of Transp., 197 Ga. App. 634, 635 (1a) ( 399 S.E.2d 538) (1990).
Appeal dismissed. Pope and Johnson, JJ., concur.