This order is not a final judgment. Finch v. Kilgore, 120 Ga. App. 320 ( 170 S.E.2d 304). There is no certificate of immediate review nor has this court granted an application for an appeal under Code Ann. § 6-701 (a). The appeal is premature and must be dismissed. Nash v. Carlile, 138 Ga. App. 906.
Such an order is not a final judgment. Finch v. Kilgore, 120 Ga. App. 320 ( 170 S.E.2d 304); Wright v. Wright, 139 Ga. App. 60. There is no certificate of immediate review and no application for an appeal under Code Ann. § 6-701 (a). The appeal in the main case is premature and nonreviewable.
This order is not a final judgment. Finch v. Kilgore, 120 Ga. App. 320 ( 170 S.E.2d 304). There is no certificate of immediate review nor has this court granted an application for an appeal under Code Ann. § 6-701 (a). The appeal is premature and must be dismissed. Nash v. Carlile, 138 Ga. App. 906.
This order is not a final judgment. Finch v. Kilgore, 120 Ga. App. 320 ( 170 S.E.2d 304). There is no certificate of immediate review nor has this court granted an application for an appeal under Code Ann. § 6-701 (a) 2 (A). The appeal is premature and must be dismissed. Appeal dismissed. Clark and Stolz, JJ., concur.
This order is not a final judgment. Finch v. Kilgore, 120 Ga. App. 320 ( 170 S.E.2d 304). There is no certificate of immediate review nor has this court granted an application for an appeal under Code Ann. § 6-701 (a) 2 (A). The appeal is premature and must be dismissed. Appeal dismissed. Clark and Stolz, JJ., concur.
As the cause is still pending below and no certificate of immediate review was obtained herewith, this appeal must be dismissed as premature. See Code Ann. § 6-701; Lee v. Smith, 119 Ga. App. 808 ( 168 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 dismissed. Bell, C. J., and Quillian, J., concur.
After hearing, the trial court denied the prayers of the traverse. Defendant attempts to appeal this order, but failed to obtain a certificate of review as required by Code Ann. 6-701 (a, 2). Hammock v. Hammock, 225 Ga. 698 ( 171 S.E.2d 314); Finch v. Kilgore, 120 Ga. App. 320 ( 170 S.E.2d 304). Appeal dismissed. Bell, C. J., and Pannell, J., concur.
No certificate of review under Section 1 (a, 2) of the Appellate Practice Act ( Code Ann. § 6-701 (a, 2); Ga. L. 1965, p. 18; 1968, pp. 1072, 1073) was filed. Hence, the appeal is premature ( Watson v. Parke, Davis Co., 117 Ga. App. 162 ( 159 S.E.2d 446); Finch v. Kilgore, 120 Ga. App. 320 ( 170 S.E.2d 304)) and must be Dismissed. Jordan, P. J., and Evans, J., concur.
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. Finch v. Kilgore, 120 Ga. App. 320 ( 170 S.E.2d 304). See also in this connection Watson v. Parke, Davis Co., 117 Ga. App. 162 ( 159 S.E.2d 446), decided prior to the 1968 amendment to the Appellate Practice Act.
W. Ray Berry, Esq., of Fulmer, Berry Alford, Columbia, for Respondent, cites: As to the agreement between theparties not being in this appeal subject to the provisions ofSection 12-15.15 (b) of the 1970 Supplement of the1962 Code of Laws for South Carolina; and as to competentevidence to support the Trial Judge's findings of fact: Section 10-652 of the 1962 Code of Laws for South Carolina; 41 Am. Jur., Pleadings, Sec. 59; 58 S.C. 30, 36 S.E.2d 2; 172 S.E.2d 311; 170 S.E.2d 304; 3 South Carolina Digest, Appeal and Error, Sec. 169; 233 S.C. 210, 104 S.E.2d 384; 18 Am. Jur.2d Corporations, Sec. 288; 252 S.C. 530, 167 S.E.2d 436; 3 South Carolina Digest, Appeal and Error, Sec. 1008 (1). January 11, 1972.