Legal Opinion

Love v. Harris

Court of Appeals of Georgia

Decided May 13, 1971No. 46224Published

1Opinion of the Court

Hall, Presiding Judge.

Plaintiff in a contract action appeals from the order setting aside the default judgment it had obtained and reopening the case on the issue of damages only.

The order in question is not a final judgment and the trial judge did not certify it for immediate review within ten days. Therefore the appeal is premature and must be dismissed. Code § 6-701; Rockmart Finance Co. v. High, 118 Ga. App. 351 (163 SE2d 758); Consolidated Pecan Sales v. Savannah Bank &c. Co., 121 Ga. App. 40 (172 SE2d 487).

Appeal dismissed.

Eberhardt and Whitman, JJ., concur.

2Cases cited2 opinions

  1. Rockmart Finance Company v. HighCourt of Appeals of Georgia · 1968
  2. Consolidated Pecan Sales Company v. Savannah Bank & Trust CompanyCourt of Appeals of Georgia · 1970