Opinion
56820.
ARGUED OCTOBER 30, 1978.
DECIDED NOVEMBER 22, 1978.
Breach of lease agreement. Fulton State Court. Before Judge Wright.
Bussey Thomas, Antonio L. Thomas, for appellant.
Fred F. Filsoof, for appellee.
On April 5, 1978, a jury verdict for plaintiff was ordered the judgment of the court. On May 19, 1978, on motion of defendant, the court ordered that judgment to be set aside. Plaintiff filed a notice of appeal from the May 19th order on June 16, 1978. The grant of a motion to set aside a judgment leaves the case still pending in the court below and this is not a final judgment. Mayson v. Malone, 122 Ga. App. 814 ( 178 S.E.2d 806). Therefore, the appeal is premature and must be dismissed.
Appeal dismissed. Shulman and Birdsong, JJ., concur.