History
  • No items yet
midpage
State Highway Department v. Rosenfeld
118 Ga. App. 524
| Ga. Ct. App. | 1968
|
Check Treatment
118 Ga. App. 524 (1968)
164 S.E.2d 259

STATE HIGHWAY DEPARTMENT
v.
ROSENFELD et al.

43942.

Court of Appeals of Georgia.

Argued September 10, 1968.
Decided September 25, 1968.
Rehearing Denied October 15, 1968.

Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant 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.

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 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.

Case Details

Case Name: State Highway Department v. Rosenfeld
Court Name: Court of Appeals of Georgia
Date Published: Sep 25, 1968
Citation: 118 Ga. App. 524
Docket Number: 43942
Court Abbreviation: Ga. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.