Dein v. Citizens Jewelry Co.

145 Ga. App. 118 | Ga. Ct. App. | 1978

Rehearing

On Motion for Rehearing.

On August 23, 1977, appellant filed a petition with this court for permission to file an interlocutory appeal. His petition was denied on September 7, 1977. He is now attempting to bring a direct appeal from an order of October 6,1977, granting a writ of possession to appellee. However, Code Ann. § 67-705 (d) provides in part: "Issuance of said writ of possession shall not affect the merits of said case but shall affect the right to possession pending a final decision on the merits.” Thus appellant’s appeal is not based on a final judgment, and as he has not followed the provisions of Code Ann. § 6-701 for an interlocutory appeal, his appeal must be dismissed.

Motion for rehearing denied.

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Lead Opinion

Deen, Presiding Judge.

On August 15,1977, Ed Dein obtained a certificate of immediate review from the State Court of DeKalb County. He also filed a notice of appeal on October 6,1977, which states that he is appealing from all orders entered in his case. This case was tried by a jury on December 12, 1977. Held:

Appellant has failed to comply with Code Ann. § 6-701(a)2 because he did not file a petition with this court for permission to file an interlocutory appeal within ten days after the trial court issued a certificate for immediate review. Accordingly, his appeal is dismissed and his motion to consolidate this appeal with his appeal from the jury verdict is denied.

Appeal dismissed.

Smith and Banke, JJ., concur.