Weldon v. Southeastern Fidelity Insurance Company

Full title: WELDON et al. v. SOUTHEASTERN FIDELITY INSURANCE COMPANY

Court: Court of Appeals of Georgia

Date published: Feb 27, 1981

278 S.E.2d 482 (Ga. Ct. App. 1981)

157 Ga. App. 698

Opinion

61250.

DECIDED FEBRUARY 27, 1981.

Action on note. Cobb State Court. Before Judge Robinson.

Harris Bullock, Glen H. McQueen, Jr., for appellants.

Ralph Spain, for appellee.

SOGNIER, Judge.

Appellant Weldon seeks review of a denial of his motion for summary judgment. However, appellant failed to follow the proper interlocutory review procedures in accordance with Code Ann. §§ 6-701 (a) (2) and 81A-156 (h). Denial of summary judgment is not reviewable by the appellate courts in the absence of a timely certificate of immediate review and the granting of an interlocutory appeal by the appellate court unless there be a final judgment in the case and the cause is no longer pending in the lower court. U.S. I. F. Atlanta Corp. v. Paul, 138 Ga. App. 625 ( 227 S.E.2d 90) (1976).

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

SOGNIER, Judge.

DECIDED FEBRUARY 27, 1981.