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CLARKE v. ROBINSON

43881, 43882.

118 Ga. App. 525 (1968)

164 S.E.2d 260

CLARKE, Executrix v. ROBINSON et al.; and vice versa.

Court of Appeals of Georgia.

Decided September 25, 1968.

Rehearing Denied October 15, 1968.

Attorney(s) appearing for the Case

Smith, Cohen, Ringel, Kohler, Martin & Lowe, Ralph H. Hicks, H. A. Stephens, Jr., for appellant.

Wendell C. Lindsey, for appellees.

PANNELL, Judge.

1. The judgment appealed from in the present case is one granting a motion for new trial, which is not now an appealable judgment in the absence of a certificate of a trial judge as required by Section 1 of the Act of 1968 (Ga. L. 1968, p. 1972). State Hwy. Dept. v. Rosenfeld, ante. There being no such certificate in the record in the present case, the main appeal must be dismissed as premature.

2. Inasmuch as the dismissal of the main...

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