116 Ga. App. 21 | Ga. Ct. App. | 1967
Presley Electric moves to dismiss the appeal, contending that the notice of appeal was not timely filed. The basis of the contention is that plaintiff’s amendment did not conform to the order of January 31 and the petition therefore stood dismissed as of February 20, the automatic dismissal date on failure to amend.
The motion is denied. In a case where leave is granted to amend within a specified time to meet the objections raised in demurrers which were sustained, in default of which the action shall stand dismissed, if the party chooses not to amend, then
Since in the case at bar, plaintiff amended his petition as allowed by the previous order, there was no final judgment from which appeal could be taken until the entering of the order of April 7. Cf. Perkins v. First Nat. Bank, 221 Ga. 82 (7) (143 SE2d 474). Notice of appeal from this order was timely filed on April 18 and the motion to dismiss is without merit.
The only allegation of negligence against the defendant Presley was a general allegation. Special demurrers calling for specifics were sustained. Within the time allowed in the order for amending, an amendment was tendered, which the trial court found to be wholly insufficient, and we agree. Consequently, dismissal of the petition as to Presley, in accordance with the order sustaining the demurrers, was proper. Watson v. Atlanta Gas Light Co., 46 Ga. App. 326 (167 SE 718).
Judgment affirmed.