Smith v. Clark, 46059

• Decision Date: 10 March 1971
• Docket Number: No. 46059,No. 2,46059,2
• Citation: 181 S.E.2d 551,123 Ga.App. 458
• Parties: Thomas A. SMITH v. John O. CLARK
• Court: Georgia Court of Appeals

Page 551

181 S.E.2d 551

123 Ga.App. 458

Thomas A. SMITH v. John O. CLARK.

No. 46059.

Court of Appeals of Georgia, Division No. 2.

March 10, 1971.

L. B. Kent, Columbus, for appellant.

Young, Thompson, Redmond & Young, W. H. Young, III, Columbus, for appellee.

Syllabus Opinion by the Court

JORDAN, Presiding Judge.

1. 'The judgment appealed from in the present case is a judgment granting a motion for new trial, and there being no certificate of the trial judge as required by the statute (Ga.L.1968, pp. 1072, 1073; Code Ann. § 6-701(a)2), the appeal must be dismissed. Berg v. Berg, 118 Ga.App. 353, 163 S.E.2d 888; Nugent v. Willis, 118 Ga.App. 335, 163 S.E.2d 891; Rockmart Finance Co. v. High, 118 Ga.App. 351, 163 S.E.2d 758.' Stewart v. Church, 119 Ga.App. 58, 166 S.E.2d 436. See also Fife v. Johnson, 225 Ga. 447, 169 S.E.2d 167.

2. Moreover, even if the appeal were properly here, this court will not disturb the first grant of a new trial on the general grounds where no abuse of discretion by the trial judge appears and the evidence does not demand a verdict and judgment for the plaintiff in any specific amount. Code Ann. § 6-1608; Martin v. Denson, 117 Ga.App. 288, 160 S.E.2d 210; Warren v. Mann, 117 Ga.App. 787, 161 S.E.2d 894; Prosser v. Horis A. Ward, Inc., 123 Ga.App. 205, 180 S.E.2d 270.

Appeal dismissed.

QUILLIAN and EVANS, JJ., concur.