33688 | Ga. | Jul 6, 1978
SUMNER
v.
ADEL BANKING COMPANY.
Supreme Court of Georgia.
Elsie Higgs Griner, J. Laddie Boatright, for appellant.
Griffis & Thomas, Tom W. Thomas, Arthur K. Bolton, Attorney General, for appellee.
NICHOLS, Chief Justice.
The bank brought suit against Sumner seeking, in Count 1, a money judgment for principal, interest and attorney fees and, in Count 2, a writ of possession pursuant to Code Ann. § 67-701 et seq. as to certain farming equipment in which it claimed a security interest.
An immediate writ of possession was issued pursuant to Code Ann. § 67-709. The equipment was levied upon by the sheriff pursuant to Code Ann. §§ 67-707 and 67-714. Sumner filed defensive pleadings pursuant to Code Ann. § 67-715 and motions pursuant to Code Ann. § 67-716. The trial court denied all grounds of the motions, some of which asserted denials of federal and state rights to due process and equal protection. Sumner appeals.
Code Ann. § 67-706 provides, in relevant part, that "Any judgment by the court shall be appealable pursuant to Code Title 6 or any other applicable law." Accordingly, the appealability of the order in the present case must be determined by the principles stated in Code Ann. §§ 6-701 and 81A-154 (b).
The order sought to be appealed is not "final" within the meaning of Code Ann. § 6-701 (a) 1 because the case still is pending in the trial court. Neither did the trial court act pursuant to Code Ann. § 81A-154 (b).
The trial court has not issued a certificate pursuant to Code Ann. § 6-701 (a) 2 (A) and no application has been made to this court pursuant to Code Ann. § 6-701 (a) 2 (B) for interlocutory appeal. The order is not one of those enumerated under Code Ann. § 6-701 (a) 3. Hence, the order sought to be appealed is not properly before this court on appeal.
The cases of Coppage v. Mellon Bank, 142 Ga. App. 12" court="Ga. Ct. App." date_filed="1977-04-14" href="https://app.midpage.ai/document/coppage-v-mellon-bank-1260106?utm_source=webapp" opinion_id="1260106">142 Ga. App. 12 (234 SE2d 824) (1977) and First Nat. Bank of Commerce v. Baker, 142 Ga. App. 870 (237 SE2d 233) (1977) incorrectly held that Code Ann. § 67-706 provides that any judgment entered under Code Ann. Ch. 67-7 shall be appealable. Those cases will not be followed.
The order as to which an appeal was sought in the *564 present case was interlocutory and was not appealable except in accordance with Code Ann. § 6-701 (a) 2.
Appeal dismissed. All the Justices concur.