West v. West
| Decision Date | 23 October 1972 |
| Docket Number | No. 27412,27412 |
| Citation | 193 S.E.2d 820,229 Ga. 649 |
| Parties | S. L. WEST v. Thelma Inez WEST. |
| Court | Georgia Supreme Court |
J. W. Yarbrough, Chatsworth, for appellant.
Coy H. Temples, Dalton, for appellee.
Syllabus Opinion by the Court
The appeal in this case is from a judgment of the trial court granting the wife, who had been awarded a divorce and alimony, a new trial. The record does not contain any order of court authorizing an immediate review and the judgment is neither a final judgment nor one granting or refusing to grant an application for alimony either temporary or permanent. Held:
Under the decisions exemplied by Fife v. Johnston, 225 Ga. 447, 169 S.E.2d 167, absent a certificate of immediate review, the judgment granting a new trial is not an appealable judgment (see also Holmes v. Holmes, 227 Ga. 238, 179 S.E.2d 775), and this court has no choice but to dismiss the appeal.
Appeal dismissed.
All the Justices concur.
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Termplan, Inc., Bolton v. Haynes
...S.E.2d 880; Finch v. Kilgore, 120 Ga.App. 320, 170 S.E.2d 304; Mayson v. Malone, 122 Ga.App. 814, 178 S.E.2d 806. And see West v. West, 229 Ga. 649, 193 S.E.2d 820. Appeal BELL, C.J., and QUILLIAN, J., concur. ...
- Pittman v. State, 27445