404 S.E.2d 322
A90A2081.Court of Appeals of Georgia.
DECIDED MARCH 12, 1991.
BIRDSONG, Presiding Judge.
We granted an application by Raymond Artis and Josephine Freeman, the appellants, to bring an interlocutory appeal from an order granting summary judgment to the Motors Insurance Company (“MIC”), Freeman’s uninsured motorist insurance carrier, because there was no service of process upon MIC within the period of the statute of limitation. See Vaughn v. Collum, 236 Ga. 582
(224 S.E.2d 416).
“Because a grant of summary judgment is subject to direct appeal [compare Williams v. Thomas, 183 Ga. App. 51 (1) (357 S.E.2d 872); and Peeples v. City of Atlanta, 189 Ga. App. 888 (1)
Page 115
(377 S.E.2d 889)] see OCGA § 9-11-56 (h), and because the interlocutory appeal procedure is applicable only to those orders, decisions, and judgments which are `not otherwise subject to direct appeal’ (OCGA § 5-6-34 (b)), we conclude that the application was improvidently granted; and the appeal is accordingly dismissed.”Terrell v. City Wide Cab, 180 Ga. App. 184 (348 S.E.2d 575).
Appeal dismissed. Banke, P. J., and Cooper, J., concur.
DECIDED MARCH 12, 1991.
Summary judgment motion. Fulton State Court. Before Judge Cummings.
William M. Andrews, for appellants.
Swift, Currie, McGhee Hiers, Guerry R. Moore, William P. Claxton, for appellee.