Stewart v. Church
| Decision Date | 17 January 1969 |
| Docket Number | No. 44178,No. 1,44178,1 |
| Citation | 119 Ga.App. 58,166 S.E.2d 436 |
| Parties | Lloyd STEWART et al. v. Arvil CHURCH |
| Court | Georgia Court of Appeals |
Maylon K. London, Cleveland, for appellants.
James M. Rea, Clarkesville, for appellee.
Syllabus Opinion by the Court
Section 1 of the Act approved April 8, 1968 (Ga.L.1968, p. 1072) eliminated from the Appellate Practice Act of 1965 as amended (Ga.L.1965, p. 18; Ga.L.1965, p. 240; Ga.L.1966, p. 493; Code Ann. § 6-701), Subparagraph (2) of Section 1(a) which gave the right of appeal 'where the decision or judgment complained of, if it had been rendered as claimed for by the appellant, would have been a final disposition of the cause or final as to some material party thereto' and substituted in lieu thereof a new Subparagraph (2) as follows: 'Where the trial judge in rendering an order, decision or judgment not otherwise subject to direct appeal, certifies within ten (10) days of entry thereof that such order, decision or judgment is of such importance to the case that immediate review should be had.'
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, 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.
Appeal dismissed.
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