Franklin v. Collins

Pope, Judge.

Appellant brings this appeal from the trial court’s order granting appellees’ motions to set aside judgment. “However, the grant of a motion to set aside a judgment, like the grant of a motion for new trial, leaves the case still pending in the court below and thus is not a final judgment.” Mayson v. Malone, 122 Ga. App. 814, 815 (178 SE2d 806) (1970). Since there was no certificate by the trial court as provided in Code Ann. § 6-701 (a)(2)(A), this appeal is premature and must be dismissed.

Appeal dismissed.

Deen, P. J., and Sognier, J., concur.