*1 550 (287 (2) State, 296, 299 v. App. Ga. Thornton

(228 815); 161 SE2d 749). SE2d J., concur. Shulman, J., Birdsong, C. and reversed. Judgment July 15, 1983.

Decided Tolley, D. Edward appellant. for Cook, Jr., B. Thomas Gordon, Attorney, District

Harry N. Attorney, District appellee. for Assistant INSURANCE 66059, STEELE v. CINCINNATI 66060. COMPANY; vice versa. and Judge. Chief Shulman, interference with for malicious appellee sued

Appellant for a directed motion appellee’s The court granted contract. trial . granting order . . appeal “from the appellant filed an verdict and appealed, Appellee cross for a directed verdict.” [appellee’s] motion certain refusal to admit error the trial court’s enumerating as testimony into evidence. 6-803) (Code a (a) provides Ann. that

1. OCGA 5-6-38 § § entry of the days within 30 after appeal of shall be filed “notice “The notice of complained of...” appealable judgment decision or is appeal from which the appealable judgment appeal specify must an v. must be dismissed.” Parish [cits.], appeal absent which the entered 750); Ruth v. (154 Co., Ga. R. Bank &c. App. 540 SE2d 115 Ga. (161 410). Unfortunately for Kennedy, App. 117 Ga. 632 SE2d verdict is not an a motion for a directed appellant, granting an order 246). (177 Sorrough, Smith v. 226 Ga. 744 SE2d appealable judgment. Starr, 42 dismissed. Hurst v. 226 Ga. appeal Therefore the must be (172 604). SE2d by appeal

2. there has been “no valid main Since [filed] appeal cross to entertain the [appellant] jurisdiction this court has no appeal, main its life from the by [appellee] which must derive filed Corp. Ewing Holding 1 already opinion.” in Division of this dismissed 733). (268 Investments, 493, v. 497 SE2d Egan-Stanley App. 154 Ga. (190 46). Atkinson, See also Wood v. SE2d 229 Ga. 179 J., McMurray, P. and appeal dismissed. Appeal and cross J., concur. Birdsong, July 7, Decided 1983

Rehearing July 25, denied 1983

551 Goodman, Michael D. appellant. for Steele, pro Clifford J. se. Saveli, Tinnon,

Edward L. Scott E. appellee. for Rehearing. Motion for

On *2 Appellant argues vigorously on for rehearing motion this that should accept jurisdiction appeal court of by this a liberal construction of See Gillen v. appellate procedure. the rules of Bostick, (215 676). 308, 234 Ga. 310-311 Unfortunately SE2d for appellant, we by are bound the of Supreme decisions the Court cited in opinion. the In of view those very decisions and of the different County, context of Wall of procedural v.C&S Bank Houston Ga. 153 (264 523), App. 29 SE2d compelled we not feel result Wall by do the in Gillen in conflict with the above-cited to extend the in ruling Supreme Court decisions. for rehearing

Motion denied. JOVA/DANIELS/BUSBY, 66324. B & INC. v. W MECHANICAL

CONTRACTORS, INC. Presiding Judge.

McMurray, is appeal This another of arising out the claimed defective plumbing in housing the construction of a for project elderly the Atlanta, located in Georgia, known the otherwise as Piedmont Road & Housing Project Elderly. for the Barge Employers Co. v. Mut. In Co., Liab. Ins. (295 851), App. many 163 Ga. 573 SE2d of the facts discussed, with housing reference to this project although were that in case involved declaratory insurance a judgment proceeding. We refer to case on that account of the facts set forth as the to contentions parties. of The Housing Authority City the of the of Atlanta sued the architectural concern which had with it contracted for certain professional services and after it was discovered there were certain defective in conditions the horizontal plumbing resulting drain lines from the plumbing installation the project. work at The action was in brought two counts contending authority that the had housing on the relied contract with purchase the architect in the and acceptance of the completion. after In 2 it project sought Count damages resulting from the negligence failing of the architect in to properly inspect work, plumbing the installation the failure of which