240 S.E.2d 758 | Ga. Ct. App. | 1977
MATHEWS
v.
FIDELCOR MORTGAGE CORPORATION.
Court of Appeals of Georgia.
Oze R. Horton, for appellant.
Beth Lanier, William I. Crosby, for appellee.
McMURRAY, Judge.
This is a dispossessory proceeding against a tenant holding over brought under the provisions of Code Ch. *141 61-3, as amended. The defendant-tenant appeals the denial of his motion to dismiss for failure to state a claim. Held:
The record shows no final judgment has been entered in this case, and there is no certificate for immediate review. This appeal is premature and must be dismissed. Code Ann. § 6-701 (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. 757, 758); Tenneco Oil Co. v. Mullis, 118 Ga. App. 540 (164 SE2d 312); Greene v. Atlantis Realty Co., 118 Ga. App. 400 (163 SE2d 895). Nor did defendant follow the interlocutory procedure to have the trial court's order reviewed. Tingle v. Lokey & Bowden, 137 Ga. App. 368 (223 SE2d 763).
Appeal dismissed. Bell, C. J., and Smith, J., concur.
