Marsh v. Allgood

Full title: MARSH v. ALLGOOD

Court: Court of Appeals of Georgia

Date published: Nov 5, 1968

165 S.E.2d 479 (Ga. Ct. App. 1968)

118 Ga. App. 773

Opinion

43794.

SUBMITTED JULY 1, 1968.

DECIDED NOVEMBER 5, 1968. REHEARING DENIED DECEMBER 5, 1968.

Appellate procedure. Walker Superior Court. Before Judge Painter.

Frank M. Gleason, for appellant.

Shaw, Stolz Fletcher, Dennis D. Watson, for appellee.

FELTON, Chief Judge.

This is an appeal from the judgment of the superior court, on appeal from a court of ordinary, sustaining the motion to dismiss the caveat and objections which were filed to an application to the ordinary to set aside a year's support. The record does not show that the superior court rendered a final judgment setting aside the year's support.

The judgment appealed from is neither a final judgment nor one certified by the trial court for review. Code Ann. § 6-701 (a) 1, 2 (Ga. L. 1965, p. 18, as amended by Ga. L. 1968, pp. 1072, 1073). Therefore, the appeal must be dismissed. Code Ann. § 6-809 (b, 2) (Ga. L. 1965, pp. 18, 29, as amended).

Appeal dismissed. Eberhardt and Whitman, JJ., concur.

SUBMITTED JULY 1, 1968 — DECIDED NOVEMBER 5, 1968 — REHEARING DENIED DECEMBER 5, 1968.