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188 Ga. App. 737

374 S.E.2d 229

Patrick v. Glass

Court of Appeals of Georgia

Decided October 6, 1988

Court of Appeals of Georgia · decided 1988-10-06

Cited by 4 later decisions — most recently March 1997

4 state decisions

Relies on Hamilton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-10-06

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Carley, Judge.

¶1 Pursuant to OCGA § 44-7-54 (b), the trial court granted appelleeplaintiff landlord a writ of possession, finding that appellant-defendant had failed to pay the requisite rental payments into the registry of court. Appellant brings this direct appeal from that order. While the grant of a writ of possession is usually a final order which may or may not be directly appealable (see OCGA § 5-6-35 (a) (3)), the record in this case shows that there are other claims which remain pending in the trial court. “Where there is a case involving multiple . . . claims, a decision adjudicating fewer than all the claims ... is not a final judgment. [Cit.] In such circumstances, there must be an express determination under OCGA § 9-11-54 (b) [(cit.)] or there must be compliance with the requirements of OCGA § 5-6-34 (b) [(cit.)]. Where neither of these code sections are followed . . ., the appeal is premature and must be dismissed. [Cits.]” Spivey v. Rogers, 167 Ga. App. 729 (307 SE2d 677) (1983). Because the appropriate appellate procedure was not followed in this multiple-claim case, the appeal must be dismissed.

¶2 Appeal dismissed.

Deen, P. J., and Sognier, J., concur.
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