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Lawskills.com Georgia Caselaw
PARRISH v. CLEMENTS et al.
45995.
QUILLIAN, Judge.
Appellate procedure. Houston State Court. Before Judge Armitage.
In such circumstances, either there must be an express determination under Sec. 54 (b) of the Civil Practice Act (Code Ann. 81A-154 (b); Ga. L. 1966, pp. 609, 658), or there must be a certificate under Sec. 1 (a, 2) of the Appellate Practice Act (Code Ann. 6-701 (a, 2); Ga. L. 1965, p. 18, 1968, pp. 1072, 1073). In their absence, this order is not appealable. Davis v. Roper, 119 Ga. App. 442 (167 SE2d 685); Butler Auction Co. v. Hosch, 119 Ga. App. 562 (167 SE2d 684).
None of the orders issued by the trial judge contained an express determination that there existed no just cause for delay and an express direction for entry of judgment, nor was there a certificate for immediate review.
Thus, the appeal is premature and must be
Wisse, Kushinska, Clarke & McConnell, Levis A. McConnell, Jr., John A. Nixon, John P. Nixon, for appellees.
Olin C. Hammock, James H. Harmon, for appellant.
ARGUED MARCH 2, 1971 -- DECIDED MARCH 19, 1971.
Friday May 22 16:08 EDT


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