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Lawskills.com Georgia Caselaw
PATRICK v. GLASS.
77290.
CARLEY, Judge.
Dispossessory. Henry Superior Court. Before Judge Whitmire.
Pursuant to OCGA 44-7-54 (b), the trial court granted appellee-plaintiff 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.
Christopher C. Covey, Monroe Ferguson, for appellee.
Lennie W. Jones, for appellant.
DECIDED OCTOBER 6, 1988.
Thursday May 21 12:48 EDT


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