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Van Schallern v. Stanco

Court of Appeals of Georgia
Jan 29, 1974
130 Ga. App. 687 (Ga. Ct. App. 1974)

Opinion

48847.

SUBMITTED JANUARY 10, 1974.

DECIDED JANUARY 29, 1974.

Garnishment. DeKalb State Court. Before Judge Smith.

Dennis Fain, Dennis J. Webb, for appellant.


A garnishment was instituted on a dispossessory warrant, served on Decatur Federal Savings Loan Association, with which the defendant had a savings account in excess of the claimed delinquent rent. Defendant filed a bond to dissolve the garnishment and moved that it be dissolved. The motion was denied and the denial was entered August 24, 1973. Within ten days and on August 31, 1973 a certificate of appealability was granted to defendant, but the certificate was not filed with the clerk of the trial court until September 4, 1973, which is more than 10 days after the entry of the nonfinal or interlocutory judgment from which this appeal was entered.

Under the ruling of the Supreme Court in Turner v. Harper, 231 Ga. 175 ( 200 S.E.2d 748), a certificate for the immediate review of a nonfinal or interlocutory judgment is ineffective unless entered, i. e., filed with the clerk, within ten days after entry of the judgment appealed from. Consequently, this appeal must be dismissed.

Appeal dismissed. Pannell and Evans, JJ., concur.


SUBMITTED JANUARY 10, 1974 — DECIDED JANUARY 29, 1974.


Summaries of

Van Schallern v. Stanco

Court of Appeals of Georgia
Jan 29, 1974
130 Ga. App. 687 (Ga. Ct. App. 1974)
Case details for

Van Schallern v. Stanco

Case Details

Full title:VAN SCHALLERN v. STANCO et al

Court:Court of Appeals of Georgia

Date published: Jan 29, 1974

Citations

130 Ga. App. 687 (Ga. Ct. App. 1974)
204 S.E.2d 317

Citing Cases

Wilcher v. Confederate Packaging

A certificate of immediate review of a court order must be signed by the trial judge and filed with the clerk…

Hadfield v. State

Thus, the certificate of immediate review is untimely. See Van Schallern v. Stanco, 130 Ga.App. 687…