Becker v. Bishop

Carley, Judge.

Plaintiff appeals from an order setting aside a previously entered default judgment and granting defendant’s motion for a new trial. The order allowed defendant to answer, counterclaim and proceed to trial as soon as possible and the effect is to continue the pendency of the case in the trial court. The judgment is not final as contemplated by Code Ann. § 6-701 (a) 1 (Ga. L . 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. 757, 758). The judgment was not final and is not of the type from which direct appeal may be taken pursuant to Code Ann. § 6-701 (a) 3. An interlocutory appeal…