Diversified One Investors Ltd. v. Archway Properties, Inc.
Diversified One Investors Ltd. v. Archway Properties, Inc.
Opinion of the Court
In this suit filed by Archway against Diversified and Decatur Federal Savings in four counts, the trial court granted a default judgment upon Counts 1, 2 and 3 and dismissed Diversified’s counterclaim, and ordered Decatur Federal to pay the amounts due Archway pursuant to Count 2. The order also recited that "All funds remaining after payment as set forth herein, that are within the custody and control of Defendant Decatur Federal, shall remain within the custody and control of Defendant Decatur Federal subject to a continuance of the restraining order previously issued by this Court, under
"The pleadings in this case show it to be a multi-party, multi-claim action. There has been no express determination or direction as to the finality of the order complained of within the purview of the above quoted Code section. Neither did the trial judge enter a certificate under the provisions of Code Ann. § 6-701 (a 2).” Walker v. Robinson, 232 Ga. 361, 362 (1) (207 SE2d 6) (1974) and cits. See also Spikes v. Carter Realty Co., 136 Ga. App. 648 (222 SE2d 154) (1975); Mulligan v. Scott, 134 Ga. App. 815 (217 SE2d 307) (1975). Hence the appeal is premature and must be dismissed.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.