Georgia Court of Appeals, 1978

Jackson v. Bekele

Jackson v. Bekele
Georgia Court of Appeals · Decided November 22, 1978 · Bell
148 Ga. App. 221; 251 S.E.2d 140; 1978 Ga. App. LEXIS 3132

Jackson v. Bekele

Opinion of the Court

Bell, Chief Judge.

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 SE2d 806). Therefore, the appeal is premature and must be dismissed.

Appeal dismissed.

Shulman and Birdsong, JJ., concur.

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