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Franklin v. Collins

Court of Appeals of Georgia
Jun 29, 1982
293 S.E.2d 364 (Ga. Ct. App. 1982)

Opinion

63647.

DECIDED JUNE 29, 1982.

Action for damages. Houston Superior Court. Before Judge Hunt.

Austin J. Kemp II, for appellant.

John P. Nixon, for appellees.


Appellant brings this appeal from the trial court's order granting appellees' motions to set aside judgment. "However, the grant of a motion to set aside a judgment, like the grant of a motion for new trial, leaves the case still pending in the court below and thus is not a final judgment." Mayson v. Malone, 122 Ga. App. 814, 815 ( 178 S.E.2d 806) (1970). Since there was no certificate by the trial court as provided in Code Ann. § 6-701 (a)(2)(A), this appeal is premature and must be dismissed.

Appeal dismissed. Deen, P. J., and Sognier, J., concur.

DECIDED JUNE 29, 1982.


Summaries of

Franklin v. Collins

Court of Appeals of Georgia
Jun 29, 1982
293 S.E.2d 364 (Ga. Ct. App. 1982)
Case details for

Franklin v. Collins

Case Details

Full title:FRANKLIN v. COLLINS et al

Court:Court of Appeals of Georgia

Date published: Jun 29, 1982

Citations

293 S.E.2d 364 (Ga. Ct. App. 1982)
162 Ga. App. 755

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