Opinion
67424.
DECIDED FEBRUARY 27, 1984.
Action on policy. Floyd Superior Court. Before Judge Frazier.
Clayton H. Farnham, for appellant.
Bobby Lee Cook, L. Branch S. Connelly, for appellees.
This is an action on a fire insurance policy issued by appellant to appellees. The case was tried before a jury, which returned a verdict for appellant. Subsequently, the trial court granted appellees' motion for new trial, and this appeal followed.
"[A] judgment granting a new trial is not a final judgment . . ." Henderson v. Henderson, 231 Ga. 208 ( 200 S.E.2d 867). While "[t]he grant of a new trial on special grounds involving a question of law is reviewable in a proper appeal [cit.] . . ., we cannot reach the merits of appellant's contentions in this case [since] [n]o certificate of immediate review was obtained from the trial court nor application made to this court for interlocutory review. [Cits.]" Moore v. Williams, 163 Ga. App. 595 ( 295 S.E.2d 866); Young v. Warren, 155 Ga. App. 362 ( 270 S.E.2d 897); OCGA § 5-6-34 (b).
Appeal dismissed. McMurray, C. J., and Birdsong, J., concur.