SPIVEY v. ROGERS

QUILLIAN, Presiding Judge.

Appeal was taken from an order dismissing the plaintiff's cross-complaint against an added party and assigning the remainder of the cause (involving the defendant's counterclaim against the plaintiff) for jury trial. Held:

Where there is a case involving multiple parties or multiple claims, a decision adjudicating fewer than all the claims or the rights and liabilities of less than all the parties is not a final judgment. OCGA § 9-11-54 (Code Ann. § 81A-154). In such circumstances, there must be an express determination under OCGA § 9-11-54 (b) (Code Ann. § 81A-11-54) or there must be compliance with the requirements of OCGA § 5-6-34 (b) (Code Ann. § 6-701). Where neither of these code sections are followed as in this case, the appeal is premature and must be dismissed. Myers v. Mobil America Corp., 132 Ga. App. 331 ( 208 S.E.2d 169); Johnson v. Martin, 132 Ga. App. 813 ( 209 S.E.2d 256); Hancock v. Oates, 244 Ga. 175, 177 ( 259 S.E.2d 437).

Appeal dismissed. Sognier and Pope, JJ., concur.