Patrick v. Glass

Georgia Court of Appeals
Patrick v. Glass, 374 S.E.2d 229 (1988)
188 Ga. App. 737; 1988 Ga. App. LEXIS 1194
Carley, Deen, Sognier

Patrick v. Glass

Opinion

Carley, Judge.

Pursuant to OCGA § 44-7-54 (b), the trial court granted appelleeplaintiff landlord a writ of possession, finding that appellant-defendant had failed to pay the requisite rental payments into the registry of court. Appellant brings this direct appeal from that order. While the grant of a writ of possession is usually a final order which may or may not be directly appealable (see OCGA § 5-6-35 (a) (3)), the record in this case shows that there are other claims which remain pending in the trial court. “Where there is a case involving multiple . . . claims, a decision adjudicating fewer than all the claims ... is not a final judgment. [Cit.] In such circumstances, there must be an express determination under OCGA § 9-11-54 (b) [(cit.)] or there must be compliance with the requirements of OCGA § 5-6-34 (b) [(cit.)]. Where neither of these code sections are followed . . ., the appeal is premature and must be dismissed. [Cits.]” Spivey v. Rogers, 167 Ga. App. 729 (307 SE2d 677) (1983). Because the appropriate appellate procedure was not followed in this multiple-claim case, the appeal must be dismissed.

Appeal dismissed.

Deen, P. J., and Sognier, J., concur.

Reference

Cited By
4 cases
Status
Published