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King v. Gosdin

Court of Appeals of Georgia
Feb 17, 1984
315 S.E.2d 666 (Ga. Ct. App. 1984)

Opinion

67912.

DECIDED FEBRUARY 17, 1984.

Action for damages. Fulton Superior Court. Before Judge McKenzie.

Daniel K. McCall, for appellant.

Fordham E. Huffman, for appellee.


Appellee Gosdin filed suit against appellant King to recover for injuries allegedly incurred in an automobile collision. King, in turn, filed a third-party action against Derryl Langley. This appeal by King follows the trial court's order dismissing the third-party complaint based on his failure to respond to a motion by Langley to dismiss the third-party complaint for lack of venue. Held:

1. Since the order disposes of less than all the claims and does not provide for the entry of a final judgment as to the third-party defendant pursuant to OCGA § 9-11-54 (b) (Code Ann. § 81A-154), and since the procedures for interlocutory appeal have not been followed, the appeal must be dismissed. See D. Davis Co. v. Plunkett, 119 Ga. App. 453 ( 167 S.E.2d 663) (1969); Martin v. Herr, 158 Ga. App. 329 ( 280 S.E.2d 387) (1981).

2. The appellee's prayer for damages for filing a frivolous appeal is denied. See James v. Seritt, 121 Ga. App. 783 ( 175 S.E.2d 163) (1970).

Appeal dismissed. Shulman, P. J., and Pope, J., concur.

DECIDED FEBRUARY 17, 1984.


Summaries of

King v. Gosdin

Court of Appeals of Georgia
Feb 17, 1984
315 S.E.2d 666 (Ga. Ct. App. 1984)
Case details for

King v. Gosdin

Case Details

Full title:KING v. GOSDIN

Court:Court of Appeals of Georgia

Date published: Feb 17, 1984

Citations

315 S.E.2d 666 (Ga. Ct. App. 1984)
315 S.E.2d 666

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