Georgia Court of Appeals, 1971

Love v. Harris

Love v. Harris
Georgia Court of Appeals · Decided May 13, 1971 · Hall
123 Ga. App. 776; 182 S.E.2d 490; 1971 Ga. App. LEXIS 1379

Love v. Harris

Opinion of the Court

Hall, Presiding Judge.

Plaintiff in a contract action appeals from the order setting aside the default judgment it had obtained and reopening the case on the issue of damages only.

The order in question is not a final judgment and the trial judge did not certify it for immediate review within ten days. Therefore the appeal is premature and must be dismissed. Code § 6-701; Rockmart Finance Co. v. High, 118 Ga. App. 351 (163 SE2d 758); Consolidated Pecan Sales v. Savannah Bank &c. Co., 121 Ga. App. 40 (172 SE2d 487).

Appeal dismissed.

Eberhardt and Whitman, JJ., concur.

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