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Lawskills.com Georgia Caselaw
MARTIN v. HERR et al.
61204.
POPE, Judge.
Action on note. Chatham State Court. Before Judge Head.
First Federal Savings and Loan Association filed suit against appellant Clarence L. Martin to recover the balance due on a note plus interest. Martin in turn filed this third-party action against Shirley E. Herr (now Hamilton), her husband Harry M. Hamilton and NCNB Mortgage South, Inc. Martin brings this appeal from the trial court's order dismissing the third-party complaint as to Shirley E. Herr Hamilton and Harry M. Hamilton for failure to state a claim upon which relief can be granted.
"Since the order adjudicating less than all the claims does not provide for the entry of a final judgment as to the third-party defendant[s] 'upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment' as provided by CPA 54 (b) (Code Ann. 81A-154 (b)), and since there is no certificate as provided for by the 1968 amendment to the Appellate Practice Act (Ga. L. 1968, pp. 1072, 1073; Code Ann. 6-701 (a) 2), there is no appealable judgment. Accordingly, the appeal must be dismissed." D. Davis & Co. v. Plunkett, 119 Ga. App. 453 (167 SE2d 663) (1960); Walker v. Robinson, 232 Ga. 361 (1) (207 SE2d 6) (1974). See Culwell v. Lomas & Nettleton Co., 242 Ga. 242 (248 SE2d 641) (1978).
Kathleen Horn, Joseph B. Bergen, William R. Coleman, Jr., for appellees.
James F. Bass, Jr., for appellant.
DECIDED APRIL 22, 1981.
Thursday May 21 23:14 EDT


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