State Highway Department v. Rosenfeld

Court of Appeals of Georgia

State Highway Department v. Rosenfeld

164 S.E.2d 259, 118 Ga. App. 524, 1968 Ga. App. LEXIS 1443

Court of Appeals of Georgia·Decided September 25, 1968·No. 43942·Published·Cited by 9 cases

Opinion

Pannell, Judge.

Section 1 of the Act approved April 8, 1968 (Ga. L. 1968, p. 1072) eliminated from the Appellate Practice Act of 1965, as amended (Ga. L. 1965, p. 18; Ga. L. 1965, p. 240; Ga. L. 1966, p. 493; Code Ann. § 6-701), Subparagraph (2) of Section 1 (a) which gave the right of appeal “where the decision or judgment complained of, if it had been rendered as claimed for by the appellant, would have been a final disposition of the cause or final as to some material party thereto” and substituted in lieu thereof a new Subparagraph (2) as follows: “Where the trial judge in rendering an order, decision or judgment not otherwise subject to direct appeal, certifies within ten (10) days of entry thereof that such order, decision or judgment is of such importance to the case that immediate review should be had.”

*525 Argued September 10, 1968 Decided September 25, 1968 Rehearing denied October 15, 1968 Arthur K. Bolton, Attorney General, Richard L. Chambers, As sistant Attorney General, Thurman E. Duncan, Deputy Assistant Attorney General, Lennie F. Davis, Harry Dicus, for appellant. Harry C. Jackson, Foley, Chappell, Hollis & Schloth, William J. Schloth, Hatcher, Stubbs, Land & Rothschild, Richard Y. Bradley, for appellees.

The judgment appealed from is one granting a motion for new trial. There being no certificate of the trial judge certifying that the judgment, order or decision is of such importance to the case that immediate review should be had, we have no jurisdiction of the appeal and it must be dismissed.

Appeal dismissed.

Jordan, P. J., and Deen, J., concur.

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Pannell, Judge.

Section 1 of the Act approved April 8, 1968 (Ga. L. 1968, p. 1072) eliminated from the Appellate Practice Act of 1965, as amended (Ga. L. 1965, p. 18; Ga. L. 1965, p. 240; Ga. L. 1966, p. 493; Code Ann. § 6-701), Subparagraph (2) of Section 1 (a) which gave the right of appeal “where the decision or judgment complained of, if it had been rendered as claimed for by the appellant, would have been a final disposition of the cause or final as to some material party thereto” and substituted in lieu thereof a new Subparagraph (2) as follows: “Where the trial judge in rendering an order, decision or judgment not otherwise subject to direct appeal, certifies within ten (10) days of entry thereof that such order, decision or judgment is of such importance to the case that immediate review should be had.”

*525 Argued September 10, 1968 Decided September 25, 1968 Rehearing denied October 15, 1968 Arthur K. Bolton, Attorney General, Richard L. Chambers, As sistant Attorney General, Thurman E. Duncan, Deputy Assistant Attorney General, Lennie F. Davis, Harry Dicus, for appellant. Harry C. Jackson, Foley, Chappell, Hollis & Schloth, William J. Schloth, Hatcher, Stubbs, Land & Rothschild, Richard Y. Bradley, for appellees.

The judgment appealed from is one granting a motion for new trial. There being no certificate of the trial judge certifying that the judgment, order or decision is of such importance to the case that immediate review should be had, we have no jurisdiction of the appeal and it must be dismissed.

Appeal dismissed.

Jordan, P. J., and Deen, J., concur.

State Highway Department v. Rosenfeld, 164 S.E.2d 259, 118 Ga. App. 524, 1968 Ga. App. LEXIS 1443 (Ga. Ct. App. 1968).

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