Finch v. Kilgore

Full title: FINCH et al. v. KILGORE

Court: Court of Appeals of Georgia

Date published: Sep 19, 1969

170 S.E.2d 304 (Ga. Ct. App. 1969)

170 S.E.2d 304

Opinion

44648.

ARGUED SEPTEMBER 2, 1969.

DECIDED SEPTEMBER 19, 1969.

Appellate procedure. Cobb Civil and Criminal Court. Before Judge White.

George G. Finch, for appellants.

James L. Smith, III, for appellee.

DEEN, Judge.

Neither an order overruling a motion to dismiss a motion to set aside a judgment against a garnishee nor an order granting the motion to set aside the judgment is final within the purview of Code Ann. § 6-701 (1). There being no certificate of the trial court as required by Code Ann. § 6-701 (2) (Ga. L. 1968, p. 1072), the appeal is premature. Brundage v. Wilkins, 119 Ga. App. 529 ( 167 S.E.2d 612); Clarke v. Robinson, 118 Ga. App. 525 (1) ( 164 S.E.2d 260).

Appeal dismissed. Bell, C. J., and Eberhardt, J., concur.

ARGUED SEPTEMBER 2, 1969 — DECIDED SEPTEMBER 19, 1969.