Whitehead v. Dillard

Clark, Judge.

Where a motion for a new trial is sustained, such ruling is not a final disposition of the case. Accordingly it is not appealable without a certificate of immediate review from the trial court. Code Ann. § 6-701 (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073); State Hwy. Dept. v. Rosenfeld, 118 Ga. App. 524 (164 SE2d 259); Pilgreen’s Airport, Inc. v. Gold, 122 Ga. App. 194 (176 SE2d 480). See also Fife v. Johnston, 225 Ga. 447 (169 SE2d 167) where our Supreme Court recognized that "Cruel though it was for the law to thus authorize a judge to deprive the loser of a right to appeal, we…