Welch v. Adel Banking Co.
Welch v. Adel Banking Co.
Opinion of the Court
Count 1 of plaintiff Adel Banking Company’s complaint sets forth a claim predicated upon an unpaid consumer collateral installment note. Count 2 sets forth a petition for writ of possession (see OCGA § 44-14-230 et seq.)
No defensive pleadings were filed by defendant and the trial court entered a “default judgment” on December 21, 1983, awarding monetary damages. Defendant filed a motion to set aside this judg
The petition for writ of possession contained in Count 2 of plaintiff’s complaint remains pending in the trial court. Since the “default judgment” disposes of less than all the claims and does not provide for the entry of a final judgment pursuant to OCGA § 9-11-54 (b), and since the procedures for interlocutory appeal have not been followed, the appeal must be dismissed. King v. Gosdin, 169 Ga. App. 878 (1) (315 SE2d 666).
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.