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GORDON v. GORDON

Supreme Court of Georgia.
Jan 27, 1976

GUNTER, Justice.

This is an attempted appeal from a judgment that is not final in the trial court. The trial judge rendered a judgment in a divorce case; a timely motion for a new trial was filed by the defendant below; and the trial judge thereafter entered a judgment that vacated the divorce judgment and ordered a new trial. There is no certificate for immediate review, and this court has not granted an interlocutory appeal. Code Ann. § 6-701 (a).

A judgment that grants a new trial is not an appealable judgment. See Henderson v. Henderson, 231 Ga. 208 ( 200 S.E.2d 867) (1973), and cases there cited. This appeal must be dismissed as premature.

Appeal dismissed. All the Justices concur.

ARGUED NOVEMBER 10, 1975 — DECIDED JANUARY 27, 1976.