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American Mutual Liability Insurance Co. v. Moore

Court of Appeals of Georgia
Nov 10, 1969
171 S.E.2d 751 (Ga. Ct. App. 1969)

Opinion

44426.

ARGUED APRIL 7, 1969.

DECIDED NOVEMBER 10, 1969.

Intervention. Fulton Superior Court. Before Judge Shaw.

Brackett, Lyle Arnall, H. P. Arnall, C. F. Brackett, Jr., for appellant.

Hugh G. Head, Jr., Swift, Currie, McGhee Hiers, Glover McGhee, for appellees.


The appeal in this instance is from the denial of a motion to intervene. The Civil Practice Act and its philosophy is to liberalize our statutes as to pleadings, and to allow multiple parties in one action. Where multiple parties are involved the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon express determination that there is no just reason for delay and upon "an express direction for the entry of judgment." Indeed, said order without any such direction and determination is otherwise subject to revision at any time before a final judgment adjudicating all the claims and rights of the parties. Code Ann. § 81A-154 (b) (Ga. L. 1966, pp. 609, 658). Since there has been no express determination of no just reason for delay or direction that the order is final, providing for immediate appeal, or the issuance of a certificate as provided for by the 1968 amendment to the Appellate Practice Act (Ga. L. 1968, pp. 1072, 1073; Code Ann. § 6-701 (2)), the appeal in this case is premature. The dismissal of a party is no different from an order denying an intervenor to become a party. Davis v. Roper, 119 Ga. App. 442 ( 167 S.E.2d 685); D. Davis Co. v. Plunkett, 119 Ga. App. 453 ( 167 S.E.2d 663). Accordingly, the appeal must be

Dismissed. Pannell and Quillian, JJ., concur.

ARGUED APRIL 7, 1969 — DECIDED NOVEMBER 10, 1969.


Summaries of

American Mutual Liability Insurance Co. v. Moore

Court of Appeals of Georgia
Nov 10, 1969
171 S.E.2d 751 (Ga. Ct. App. 1969)
Case details for

American Mutual Liability Insurance Co. v. Moore

Case Details

Full title:AMERICAN MUTUAL LIABILITY INSURANCE COMPANY v. MOORE et al

Court:Court of Appeals of Georgia

Date published: Nov 10, 1969

Citations

171 S.E.2d 751 (Ga. Ct. App. 1969)
171 S.E.2d 751

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