Carlisle v. Travelers Insurance
Carlisle v. Travelers Insurance
195 Ga. App. 21; 392 S.E.2d 344; 1990 Ga. App. LEXIS 473
Carlisle v. Travelers Insurance
Opinion of the Court
On December 21, 1988, the appellant, Shirley Carlisle, filed suit against Wesley Frazier to recover for injuries allegedly sustained in an
“ ‘Unless the court in an order dismissing one of multiple defendants makes an express determination of finality as set out in (OCGA § 9-11-54 (b)) ...[,] the case is still pending in the trial court and the procedure for interlocutory appeals must be followed. [Cit.]’ [Cit.]” All Risk Ins. Agency v. Rockbridge Sanitation Co., 166 Ga. App. 728 (305 SE2d 390) (1983). In dismissing the claim against Travelers, the trial court did not make such a determination. Thus, inasmuch as the claim against the alleged tortfeasor remains pending below, the order sought to be appealed is not directly appealable. See generally OCGA § 5-6-34 (a); Coley Fertilizer Co. v. Gold Kist, 174 Ga. App. 471 (330 SE2d 597) (1985). The appeal is accordingly dismissed.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.