27983, 27984 | Ga. | Oct 5, 1973
HENDERSON
v.
HENDERSON; and vice versa.
Supreme Court of Georgia.
McWhorter & Steinberg, Leonard N. Steinberg, for appellant.
Scott Walters, Jr., for appellee.
GUNTER, Justice.
These appeals, one a direct appeal and the other a cross appeal, are from a judgment granting a new trial. A motion has been filed in this court to dismiss the direct appeal on the ground that the judgment appealed from is not a final judgment and that there is no certificate for immediate review. See Code Ann. § 6-701. This court has plainly held that a judgment granting a new trial is not a final judgment, and because it is not a final judgment, an interlocutory appeal cannot be prosecuted unless the trial judge grants a certificate for immediate review. See West v. West, 229 Ga. 649" court="Ga." date_filed="1972-10-23" href="https://app.midpage.ai/document/west-v-west-1271008?utm_source=webapp" opinion_id="1271008">229 Ga. 649 (193 S.E.2d 820" court="Ga." date_filed="1972-10-23" href="https://app.midpage.ai/document/pittman-v-state-1270901?utm_source=webapp" opinion_id="1270901">193 SE2d 820), and Fife v. Johnston, 225 Ga. 447 (169 SE2d 167).
The denial of an interlocutory appeal by statute (The Appellate Practice Act) does not, however, prevent a litigant from eventually seeking a review in an appellate court of a judgment granting a new trial; this is so because upon conclusion of the case in the trial court and the entry of a final judgment, an appeal can then be taken from the final judgment, and in such appeal the legality of the judgment granting the new trial can *209 be attacked. See Code Ann. § 6-701 (b).
These two appeals are premature since they are not from a final judgment and since there is no certificate for immediate review.
Appeals dismissed. All the Justices concur.