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Lawskills.com Georgia Caselaw
STONICA v. STATE FARM FIRE & CASUALTY COMPANY.
A91A0386.
ANDREWS, Judge.
Action on policy. Spalding Superior Court. Before Judge Whalen.
Stonica sued Elrod for slander. State Farm, which insured Elrod under a homeowner's policy, brought a declaratory judgment action against its insured and Stonica, seeking to establish that the policy provided no coverage for the slander claim. Stonica filed a timely answer to the declaratory judgment action, but Elrod did not. The trial court entered an order granting judgment by default to State Farm against Elrod, and declaring that the policy afforded no coverage on the slander claim. Stonica appeals claiming the default judgment against Elrod operated as an erroneous final judgment against him on the merits of the declaratory judgment action.
Peek v. Southern Guaranty Ins. Co., 240 Ga. 498, 499 (241 SE2d 210) (1978).
Moreover, this is not a directly appealable final judgment since it adjudicates the rights and liabilities of less than all the parties, and the trial court made no express determination and direction for entry of such judgment pursuant to OCGA 9-11-54 (b). First Union Nat. Bank v. Cumberland Creek Country Club, 194 Ga. App. 332, 333 (390 SE2d 422) (1990).
Beck, Owen & Murray, Samuel A. Murray, James R. Fortune, Jr., Long, Weinberg, Ansley & Wheeler, Quinton Seay, Alan L. Newman, for appellee.
Cramer, Weaver & Edwards, Christopher C. Edwards, for appellant.
DECIDED FEBRUARY 25, 1991.
Friday November 21 22:53 CST


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