Franklin v. Collins
This text of 293 S.E.2d 364 (Franklin v. Collins) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
Appeal dismissed.
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Cite This Page — Counsel Stack
293 S.E.2d 364, 162 Ga. App. 755, 1982 Ga. App. LEXIS 2325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-collins-gactapp-1982.