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Lawskills.com Georgia Caselaw
UNDERWOOD v. DUNN.
A95A0198.
MCMURRAY, Presiding Judge.
Negligence. Bibb Superior Court. Before Judge Culpepper.
Mary C. Dunn (plaintiff) filed an action against Michael J. Prewett and Irene Underwood (defendants), alleging defendants did not carry out their duties as corporate officers and directors of her employer, Prewett Industries, Inc. ("Prewett Industries"), by failing to maintain Prewett Industries' workers' compensation insurance coverage. Plaintiff alleges that Prewett Industries is now insolvent and that she is unable to recover a workers' compensation award entered in her favor because of defendants' negligent omission.
" 'The order sought to be appealed is not final within the meaning of OCGA 5-6-34 (a) because the case remains pending below. Because the procedures set forth in OCGA 5-6-34 (b) have not been followed, the appeal must accordingly be dismissed.' Coley Fertilizer Co. v. Gold Kist, Inc., 174 Ga. App. 471 (330 SE2d 597). Nor has the trial court directed the entry of final judgment as to [defendant Underwood] upon an express determination that there is no just reason for delay pursuant to OCGA 9-11-54 (b). Johnson v. Hosp. Corp. of Am[erica], 192 Ga. App. 628, 629 (385 SE2d 731). The appeal is premature and must be dismissed." Turner v. Buhrow, 205 Ga. App. 444 (422 SE2d 678).
Lawton Miller, Jr., for appellee.
Buch, Crowley, Leverett & Johnson, J. Wayne Crowley, for appellant.
DECIDED NOVEMBER 17, 1994.
Thursday May 21 07:05 EDT


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