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WEST v. WEST

Supreme Court of Georgia.
Oct 23, 1972

NICHOLS, Justice.

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 S.E.2d 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 S.E.2d 775)), and this court has no choice but to dismiss the appeal.

Appeal dismissed. All the Justices concur.

NICHOLS, Justice.

SUBMITTED SEPTEMBER 12, 1972 — DECIDED OCTOBER 23, 1972.