Smith v. Telecable of Columbus, Inc.

Hall, Justice.

We granted the application for writ of certiorari to review the decision and judgment of the Court of Appeals in Smith v. Telecable of Columbus, 140 Ga. App. 755 (232 SE2d 100) (1976).

The Court of Appeals held that while in its opinion the trial judge erroneously granted the defendant’s motion for new trial on a special ground related to the charge, the appellate court was without authority to review the ruling. The holding was based upon Weinkle v. Brunswick &c. R. Co., 107 Ga. 367, 368 (33 SE 471) (1898): "[T]his court will not, under any circumstances, reverse a judgment…