Opinion

Black v. Sturdivant

131 Ga. App. 698 · Court of Appeals of Georgia · Apr 30, 1974

Full text

Black v. Sturdivant

Quillian, Judge. In the absence of a certificate of immediate review or unless a case falls within the exceptions contained in Section 1 (a 3) of the Appellate Practice Act (Code Ann. § 6-701 (a 3); Ga. L. 1965, p. 18; 1968, pp. 1072, 1073), in order to be appealable a judgment must be final; that is, "where the cause is no longer pending in the court below.” Here, the trial judge declared the case to be in default and rendered judgment against the defendant "with the right in plaintiff to present evidence to the jury as to unliquidated damages which may be involved.” No certificate of immediate review was obtained and since it is clear that the case is still pending in the court below the appeal is premature and therefore subject to dismissal. Appeal dismissed. Bell, C. J., and Clark, J, concur. *699 Edward W Gadrix, Jr., for appellee.

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Parentheticals

order entering judgment against a defendant but reserving to the plaintiff a right to present evidence as to unliquidated damages leaves the case pending such that an appeal is premature
Miller v. Miller
reserving the issue of unliquidated damages
Miller v. Miller