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MATHEWS v. FIDELCOR MORTGAGE CORPORATION.

McMURRAY, Judge.

This is a dispossessory proceeding against a tenant holding over brought under the provisions of Code Ch. 61-3, as amended. The defendant-tenant appeals the denial of his motion to dismiss for failure to state a claim. Held:

The record shows no final judgment has been entered in this case, and there is no certificate for immediate review. This appeal is premature and must be dismissed. Code Ann. § 6-701 (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. 757, 758); Tenneco Oil Co. v. Mullis, 118 Ga. App. 540 ( 164 S.E.2d 312); Greene v. Atlantis Realty Co., 118 Ga. App. 400 ( 163 S.E.2d 895). Nor did defendant follow the interlocutory procedure to have the trial court's order reviewed. Tingle v. Lokey Bowden, 137 Ga. App. 368 ( 223 S.E.2d 763).

Appeal dismissed. Bell, C. J., and Smith, J., concur.

SUBMITTED OCTOBER 31, 1977 — DECIDED NOVEMBER 28, 1977.
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MATHEWS v. FIDELCOR MORTGAGE CORPORATION
(Nov 28, 1977)