Middleton v. State Farm Life Insurance Company

Full title: MIDDLETON et al. v. STATE FARM LIFE INSURANCE COMPANY et al

Court: Court of Appeals of Georgia

Date published: Sep 6, 1977

237 S.E.2d 684 (Ga. Ct. App. 1977)

237 S.E.2d 684

Opinion

54129.

ARGUED JULY 11, 1977.

DECIDED SEPTEMBER 6, 1977.

Action on lease agreement. Fulton State Court. Before Judge Camp.

Antonio L. Thomas, for appellants.

Smith, Harman, Asbill, Roach Nellis, Alfred R. Roach, Richard D. Elliott, Long, Aldridge, Heiner, Stevens Sumner, Daniel J. Thompson, Jr., for appellees.

SHULMAN, Judge.

This appeal is from an order dismissing the complaints of three plaintiffs in a multi-party action. The complaints of other plaintiffs remain pending. There has been no express determination or direction as to the finality of the order as is provided for by Code Ann. § 81A-154 (b). Nor did the trial judge enter a certificate under the provisions of Code Ann. § 6-701 (a) 2. Hence, the appeal is premature and must be dismissed. Walker v. Robinson, 232 Ga. 361 ( 207 S.E.2d 6).

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

ARGUED JULY 11, 1977 — DECIDED SEPTEMBER 6, 1977.