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All Risk Insurance Agency, Inc. v. Rockbridge Sanitation Co.
Citations: 166 Ga. App. 728; 305 S.E.2d 390; 1983 Ga. App. LEXIS 2310Docket: 65425
Court: Court of Appeals of Georgia; May 11, 1983; Georgia; State Appellate Court
All Risk Insurance Agency, Inc. (All Risk) initiated a lawsuit against Rockbridge Sanitation Company (Rockbridge) and its president, James Babb, based on an open account and allegations of fraudulent asset transfer. The trial court dismissed All Risk's claims against Rockbridge due to insufficient service of process but denied the same for Babb on different grounds. All Risk appealed the dismissal. The appellate court noted that unless a trial court order dismisses one of multiple defendants with an express determination of finality, the case remains pending, requiring adherence to the procedure for interlocutory appeals. In this instance, the order dismissing Rockbridge lacked a clear statement of finality and did not direct the entry of judgment as mandated by OCGA 9-11-54 (b). Although the trial court issued a certificate for immediate review, All Risk failed to file the necessary petition for allowance of the appeal. Consequently, the appellate court deemed the appeal premature and dismissed it, with judges Quillian and Pope concurring.