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Lawskills.com Georgia Caselaw
CARTER et al. v. LANDEL/ARUNDEL, INC. et al.
CARTER et al. v. VIAN et al.
CARTER et al. v. LANDEL/ARUNDEL, INC.
68518.
68519.
68626.
QUILLIAN, Presiding Judge.
Foreclosure; dispossessory proceeding. Fulton Superior Court. Before Judge Fryer (case no. 68518). Before Judge Hicks (case no. 68519). Fulton State Court. Before Judge Lambros (case no. 68626).
These three appeals involve the same parties and concern attempts by the appellants to prevent appellees from obtaining possession of certain property. Held:
1. In 68518 appeal was taken from an order denying the appellants' motion for a temporary restraining order and a stay of proceedings by the appellee to foreclose on the property. The foreclosure has already occurred and this appeal is moot.
2. In 68519 appeal was taken from an order granting the appellants' temporary restraining order provided certain conditions were met, including that appellants pay $6,500 into the registry of the court. The conditions were not met and the foreclosure proceeded as was recited above. The issues in this appeal are likewise moot.
3. After foreclosure, the appellee brought a dispossessory action against the appellants. Thereafter, appellants answered, and appellee filed a motion under OCGA 44-7-54 that appellants be required to pay rent and expenses into the registry of the court. The trial judge granted the motion, ordering the payment of rent into the registry of the court. This appeal (68626) was taken from that order.
The merits of the dispossessory proceeding still remain for determination. Thus, the requirements of an application for appeal under OCGA 5-6-34 (b) must be followed, in the absence of which the appeal is premature and subject to dismissal. Johnson v. Gwinnett County Bank, 156 Ga. App. 597 (275 SE2d 157); Grantham v. Nelson, 160 Ga. App. 68 (286 SE2d 59).
E. Kendrick Smith, for appellee (case nos. 68518, 68519, 68626).
John T. Vian, for appellees (case nos. 68518, 68519).
David L. Carter, Kitty L. Carter, pro se.
DECIDED SEPTEMBER 14, 1984.
Tuesday December 2 17:37 CST


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