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KING v. GOSDIN.

BANKE, Judge.

Appellee Gosdin filed suit against appellant King to recover for injuries allegedly incurred in an automobile collision. King, in turn, filed a third-party action against Derryl Langley. This appeal by King follows the trial court's order dismissing the third-party complaint based on his failure to respond to a motion by Langley to dismiss the third-party complaint for lack of venue. Held:

1. Since the order disposes of less than all the claims and does not provide for the entry of a final judgment as to the third-party defendant pursuant to OCGA § 9-11-54 (b) (Code Ann. § 81A-154), and since the procedures for interlocutory appeal have not been followed, the appeal must be dismissed. See D. Davis Co. v. Plunkett, 119 Ga. App. 453 ( 167 S.E.2d 663) (1969); Martin v. Herr, 158 Ga. App. 329 ( 280 S.E.2d 387) (1981).

2. The appellee's prayer for damages for filing a frivolous appeal is denied. See James v. Seritt, 121 Ga. App. 783 ( 175 S.E.2d 163) (1970).

Appeal dismissed. Shulman, P. J., and Pope, J., concur.

DECIDED FEBRUARY 17, 1984.
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KING v. GOSDIN
(Feb 17, 1984)