Opinion
75739.
DECIDED JANUARY 27, 1988.
Motion to recuse. Taliaferro Superior Court. Before Judge Stevens.
M. V. Booker, for appellant. Dennis C. Sanders, District Attorney, for appellee.
The appellant, Ralph Stewart, Jr., brings this appeal from an order of the trial court denying appellant's motion to recuse the trial judge on allegations that his "impartiality might reasonably be questioned," and that he had "a personal bias or prejudice concerning defendant and counsel."
This appeal was taken as a direct appeal under OCGA § 5-6-34 (a). The "order" appealed from is not "final" within the meaning of OCGA § 5-6-34 (a), and does not come within any of the enumerated exceptions in that subsection. Accordingly, as the case remains pending below, and there being no final judgment, and no certificate for immediate review or application for appeal made to this court, the appeal is premature and must be dismissed for lack of jurisdiction. Porter v. Calhoun County c. Comm., 167 Ga. App. 53 ( 306 S.E.2d 58); Calloway v. Calloway, 161 Ga. App. 752 ( 289 S.E.2d 559); accord Deans v. Kingston Dev. Corp., 248 Ga. 557 ( 285 S.E.2d 11); Kristensen v. Kristensen, 238 Ga. 294 ( 232 S.E.2d 564); Wiley v. Williams, 161 Ga. App. 601 ( 289 S.E.2d 27); Citibank v. Hill, 158 Ga. App. 574 ( 281 S.E.2d 650); Shuford v. Jackson, 139 Ga. App. 469 ( 228 S.E.2d 605).
Appeal dismissed. Deen, P. J., and Pope, J., concur.