Opinion
25612.
ARGUED JANUARY 14, 1970.
DECIDED FEBRUARY 5, 1970. REHEARING DENIED FEBRUARY 19, 1970.
Intervention. DeKalb Superior Court. Before Judge Thibadeau.
M. H. Blackshear, Jr., for appellant.
Carley Ramsay, George H. Carley, Arnall, Golden Gregory, Edward S. Sams, Peek, Whaley, Blackburn Haldi, Glenville Haldi, for appellees.
The appellee moved to dismiss this appeal because the appellant is not a party to the case. The record shows that the appellant filed a motion to intervene in the case of The Mitchell Corporation of Georgia v. Will H. Pointer in the Superior Court of DeKalb County on July 15, 1969, and that on November 26, 1969, the date of the judgment here appealed, no order had been issued on the motion to intervene.
The motion to dismiss this appeal is granted. "Only a party to the case can appeal from a judgment ... or one who has sought to become a party, as by way of intervention under Code Ann. § 81A-124 and has been denied the right to do so." Coogler v. Berry, 117 Ga. App. 614 ( 161 S.E.2d 428). The appellant's contention that the trial court's failure to rule on its motion to intervene is tantamount to an order denying the same is without merit. See Webb v. Walker, 213 Ga. 285 (2) ( 99 S.E.2d 75); Hardin v. Homeyer, 213 Ga. 321 (4) ( 99 S.E.2d 136).
Appeal dismissed. All the Justices concur.