Taylor v. McBerry

Full title: TAYLOR v. McBERRY et al

Court: Court of Appeals of Georgia

Date published: Apr 19, 1976

226 S.E.2d 607 (Ga. Ct. App. 1976)

138 Ga. App. 593

Opinion

52030.

SUBMITTED APRIL 12, 1976.

DECIDED APRIL 19, 1976. REHEARING DENIED MAY 11, 1976.

Lis pendens, etc. Fulton Superior Court. Before Judge Langford.

E. B. Shaw, for appellant.

Joseph H. King, Jr., for appellees.

WEBB, Judge.

Where there is no express determination that there is no just reason for delay, and no express direction for the entry of judgment, an order dismissing one of two defendants is not a final, appealable judgment. CPA § 54 (b) (Code Ann. § 81A-154 (b)); Walker v. Robinson, 232 Ga. 361 ( 207 S.E.2d 6).

Since there has been no compliance with Code Ann. § 6-701 (a) (2), this appeal from interlocutory rulings is premature and must be dismissed.

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

SUBMITTED APRIL 12, 1976 — DECIDED APRIL 19, 1976 — REHEARING DENIED MAY 11, 1976.