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151 Ga. App. 224

259 S.E.2d 209

Becker v. Bishop

Court of Appeals of Georgia

Decided September 5, 1979

Court of Appeals of Georgia · decided 1979-09-05

Relies on 136 Ga. App. 73 - Bouldin v. Mote · 147 Ga. App. 737 - Notrica v. Southern Bell Telephone & Telegraph Company · First National Bank v. Hudson

Good law ✅— No negative treatment on recordhow we know

Decided 1979-09-05

How this case has been cited

Cited by 3 later decisions — most recently July 2011

3 state decisions

1019791980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Carley, Judge.

¶1 Plaintiff appeals from an order setting aside a previously entered default judgment and granting defendant’s motion for a new trial. The order allowed defendant to answer, counterclaim and proceed to trial as soon as possible and the effect is to continue the pendency of the case in the trial court. The judgment is not final as contemplated by Code Ann. § 6-701 (a) 1 (Ga. L . 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. 757, 758). The judgment was not final and is not of the type from which direct appeal may be taken pursuant to Code Ann. § 6-701 (a) 3. An interlocutory appeal is cognizable only if the trial judge issues a certificate of immediate review pursuant to Code Ann. § 6-701 (a) 2 (A) and the appellate court grants permission for direct appeal pursuant to an application filed in accordance with the provisions of Code Ann. § 6-701 (a) 2 (B). Since plaintiff neither obtained a certificate of immediate review nor applied to this court for permission for direct appeal, the appeal is premature and must be dismissed. Notrica v. Southern Bell Tel. &c. Co., 147 Ga. App. 737 (250 SE2d 196) (1978); First Nat. Bank v. Hudson, 139 Ga. App. 629 (229 SE2d 109) (1976); Bouldin v. Mote, 136 Ga. App. 73 (220 SE2d 79) (1975).

¶2 Appeal dismissed.

Deen, C. J., and Shulman, J., concur.
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