Notrica v. Southern Bell Telephone Telegraph Co.

Full title: NOTRICA v. SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY

Court: Court of Appeals of Georgia

Date published: Oct 25, 1978

250 S.E.2d 196 (Ga. Ct. App. 1978)

250 S.E.2d 196

Opinion

56633.

SUBMITTED OCTOBER 10, 1978.

DECIDED OCTOBER 25, 1978.

Setting aside default judgment. DeKalb Superior Court. Before Judge Tillman.

Larry W. Thomason, for appellant.

Weekes, Candler, Sams Weatherly, Gary M. Sams, R. Phillip Shinall, III, for appellee.

BIRDSONG, Judge.

Notrica appealed from an order of the trial court vacating and setting aside a prior default judgment. Appellant failed to obtain a certificate from the trial judge that the decision is of such importance to the case that an immediate review should be had.

Where the default judgment is vacated and set aside, jurisdiction remains in the trial court and the judgment is neither final within the meaning of Code Ann. § 6-701 (a) 1 nor directly appealable within the provisions of Code Ann. § 6-701 (a) 3. Absent a certificate of immediate review, Code Ann. § 6-701 (a) 2, the appeal is premature and must be dismissed. Wilson v. Wilson, 130 Ga. App. 175 ( 202 S.E.2d 681); First Nat. Bank v. Hudson, 139 Ga. App. 629 ( 229 S.E.2d 109); Lee v. Smith, 119 Ga. App. 808 ( 168 S.E.2d 880).

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

SUBMITTED OCTOBER 10, 1978 — DECIDED OCTOBER 25, 1978.