Love v. Harris

Full title: LOVE v. HARRIS

Court: Court of Appeals of Georgia

Date published: May 13, 1971

182 S.E.2d 490 (Ga. Ct. App. 1971)

182 S.E.2d 490

Opinion

46224.

SUBMITTED MAY 10, 1971.

DECIDED MAY 13, 1971.

Appellate procedure. Fulton Civil Court. Before Judge Webb.

Paul C. Myers, for appellant.

John McGuigan, William L. Gower, for appellee.

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 S.E.2d 758); Consolidated Pecan Sales v. Savannah Bank c. Co., 121 Ga. App. 40 ( 172 S.E.2d 487).

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

SUBMITTED MAY 10, 1971 — DECIDED MAY 13, 1971.