Henderson v. Henderson

Gunter, Justice.

These appeals, one a direct appeal and the other a cross appeal, are from a judgment granting a new trial. A motion has been filed in this court to dismiss the direct appeal on the ground that the judgment appealed from is not a final judgment and that there is no certificate for immediate review. See Code Ann. § 6-701. This court has plainly held that a judgment granting a new trial is not a final judgment, and because it is not a final judgment, an interlocutory appeal cannot be prosecuted unless the trial judge grants a certificate for immediate review. See West v. West,…