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SMITH v. CLARK.

JORDAN, Presiding Judge.

1. "The judgment appealed from in the present case is a judgment granting a motion for new trial, and there being no certificate of the trial judge as required by the statute [Ga. L. 1968, pp. 1072, 1073; Code Ann. § 6-701 (a) 2], the appeal must be dismissed. Berg v. Berg, 118 Ga. App. 353 ( 163 S.E.2d 888); Nugent v. Willis, 118 Ga. App. 335 ( 163 S.E.2d 891); Rockmart Finance Co. v. High, 118 Ga. App. 351 ( 163 S.E.2d 758)." Stewart v. Church, 119 Ga. App. 58 ( 166 S.E.2d 436). See also Fife v. Johnston, 225 Ga. 447 ( 169 S.E.2d 167).

2. Moreover, even if the appeal were properly here, this court will not disturb the first grant of a new trial on the general grounds where no abuse of discretion by the trial judge appears and the evidence does not demand a verdict and judgment for the plaintiff in any specific amount. Code Ann. § 6-1608; Martin v. Denson, 117 Ga. App. 288 ( 160 S.E.2d 210); Warren v. Mann, 117 Ga. App. 787 ( 161 S.E.2d 894); Prosser v. Horis A. Ward, Inc., 123 Ga. App. 205.

Appeal dismissed. Quillian and Evans, JJ., concur.

ARGUED MARCH 3, 1971 — DECIDED MARCH 10, 1971.
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SMITH v. CLARK
(Mar 10, 1971)