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Lawskills.com Georgia Caselaw
WEST v. WEST.
27412.
NICHOLS, Justice.
Divorce. Murray Superior Court. Before Judge Vining.
The appeal in this case is from a judgment of the trial court granting the wife, who had been awarded a divorce and alimony, a new trial. The record does not contain any order of court authorizing an immediate review and the judgment is neither a final judgment nor one granting or refusing to grant an application for alimony either temporary or permanent. Held:
Under the decisions exemplified by Fife v. Johnston, 225 Ga. 447 (169 SE2d 167), absent a certificate of immediate review, the judgment granting a new trial is not an appealable judgment (see also Holmes v. Holmes, 227 Ga. 238 (179 SE2d 775)), and this court has no choice but to dismiss the appeal.
Coy H. Temples, for appellee.
J. W. Yarbrough, for appellant.
SUBMITTED SEPTEMBER 12, 1972 -- DECIDED OCTOBER 23, 1972.
Friday May 22 15:21 EDT


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