Lee v. Smith

Quillian, Judge.

In the instant case appeal was taken from the order of the trial judge vacating and setting aside a prior default judgment and allowing the defendant to' file defensive pleadings. In the order the trial judge expressly declined to grant the appellant’s oral motion to certify the case for immediate appeal and, in fact, no certificate of immediate appeal was entered. Held:

The order vacating and setting aside the default judgment and allowing the defendant to file defensive pleadings left the case still pending in the court below. This judgment was not final and was not of the…