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162 Ga. App. 755

293 S.E.2d 364

Franklin v. Collins

Court of Appeals of Georgia

Decided June 29, 1982

Court of Appeals of Georgia · decided 1982-06-29

Cited by 4 later decisions — most recently November 1999

4 state decisions

Relies on 122 Ga. App. 814 - Mayson v. Malone

Good law ✅— No negative treatment on recordhow we know

Decided 1982-06-29

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Pope, Judge.

¶1 Appellant brings this appeal from the trial court’s order granting appellees’ motions to set aside judgment. “However, the grant of a motion to set aside a judgment, like the grant of a motion for new trial, leaves the case still pending in the court below and thus is not a final judgment.” Mayson v. Malone, 122 Ga. App. 814, 815 (178 SE2d 806) (1970). Since there was no certificate by the trial court as provided in Code Ann. § 6-701 (a)(2)(A), this appeal is premature and must be dismissed.

¶2 Appeal dismissed.

Deen, P. J., and Sognier, J., concur.
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