Georgia

Warning: The following opinion is provided for purposes of discussion only. We have not Shepardized™ this opinion, and do not know the subsequent disposition of this case nor whether the effect of the opinion has been overruled or superceded by other law.

All Risk Insurance Agency Inc. v.
Rockbridge Sanitation Company, et al.,
305 S.E.2d 390 (Ga.App. 05/11/1983)

COURT OF APPEALS OF GEORGIA

No. 65425

1983.GA.861, 305 S.E.2d 390, 166 Ga. App. 728

May 11, 1983

ALL RISK INSURANCE AGENCY, INC.

v.

ROCKBRIDGE SANITATION COMPANY ET AL.

Action on account. Gwinnett Superior Court. Before Judge Pittard.

Rehearing Denied May 24, 1983. Certiorari Applied for.

Glenville Haldi, for appellant.

Charles A. Mullinax, for appellees.

The opinion of the court was delivered by: Sognier

SOGNIER, Judge.

All Risk Insurance Agency, Inc. (All Risk) sued Rockbridge Sanitation Company (Rockbridge) and its president and sole stockholder, James Babb on an open account and for fraudulent transfer of assets, respectively. The trial court granted Rockbridge's motion to dismiss for insufficiency of service of process and denied Babb's motion to dismiss, filed on other grounds. All Risk appeals.

"Unless the court in an order dismissing one of multiple defendants makes an express determination of finality as set out in [OCGA § 9-11-54 (b)] the case is still pending in the trial court and the procedure for interlocutory appeals must be followed. [Cit.]" Home Mart Building Centers v. Wallace, 139 Ga. App. 49 (228 S.E.2d 22) (1976). See American Mut. Liab. Ins. Co. v. Moore, 120 Ga. App. 624, 625 (171 S.E.2d 751) (1969). The order dismissing Rockbridge contained no express determination that there was no just reason for delay, and there was no express direction for the entry of such judgment. See OCGA § 9-11-54 (b). While the trial court granted a certificate for immediate review pursuant to OCGA § 5-6-34 (b), there was no compliance by appellant with the requirement of a petition to this court for allowance of the appeal. Accordingly, the appeal is premature and must be dismissed. Clary v. Brown, 139 Ga. App. 799, 800 (229 S.E.2d 680) (1976); Home Mart Building Centers, supra.

Quillian, P.J., and Pope, J., concur.

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