Equitable Life Assurance Society v. Sullivan

Full title: EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES et al. v. SULLIVAN

Court: Court of Appeals of Georgia

Date published: Jun 22, 1982

292 S.E.2d 567 (Ga. Ct. App. 1982)

292 S.E.2d 567

Opinion

64291.

DECIDED JUNE 22, 1982.

Action for damages. Floyd Superior Court. Before Judge Walther.

Ronald L. Reid, Charles W. McGrady, for appellants.

Timothy A. Pape, for appellee.

BANKE, Judge.

This is an appeal by the defendants from the denial of their motion for summary judgment in an action by the plaintiff to recover certain medical insurance benefits, along with a bad-faith penalty and attorney fees. While the defendants obtained a certificate of immediate review from the trial court, they did not apply to this court for permission to bring an interlocutory appeal as required by Code Ann. § 6-701 (a) (2). The appeal must accordingly be dismissed as premature. See Johnston-Willis Hosp., Inc. v. Cain. 142 Ga. App. 305 ( 236 S.E.2d 374) (1977); Bell v. Rodgers, 158 Ga. App. 507 ( 281 S.E.2d 647) (1981). Appeal dismissed. McMurray, P. J., and Birdsong, J., concur.

DECIDED June 22, 1982.