Opinion
43588.
SUBMITTED APRIL 3, 1968.
DECIDED APRIL 12, 1968.
Appellate procedure. Chatham Superior Court. Before Judge McWhorter.
Kenneth H. Cail, Gilbert E. Johnson, for appellant.
Brannen, Clark Hester, Fred S. Clark, for appellee.
The notice of appeal recites that the plaintiff "hereby appeals to the Court of Appeals from the order entered on her motion to purge the jury" and that thereafter the case proceeded to verdict and final judgment for the defendant. The order designated by the plaintiff as the judgment, ruling, or order entitling her to an appeal, i.e., the ruling on her motion to purge the jury, is interlocutory and outside the definition of those judgments or orders listed in Code Ann. § 6-701 which entitle a party to an appeal, and which the party must so designate in the notice of appeal under the provisions of Code Ann. § 6-802. The fact that an appealable judgment is shown to exist, or that the antecedent ruling on the motion to purge the jury would be reviewable when enumerated as error on the proper designation of an appealable judgment, does not cure the fatal defect in the notice of appeal arising from the failure to appeal from such a judgment. Accordingly, this court is without jurisdiction to entertain the appeal. Birdwell v. Pippen, 113 Ga. App. 202 ( 147 S.E.2d 673); Parish v. Ga. R. Bank c. Co., 115 Ga. App. 540 ( 154 S.E.2d 750); Richard's Buick, Inc. v. Sease, 116 Ga. App. 232 ( 156 S.E.2d 365); Cody v. State, 116 Ga. App. 331 ( 157 S.E.2d 496); Gibson v. Hodges, 221 Ga. 779 ( 147 S.E.2d 329); Interstate Fire Ins. Co. v. Chattam, 222 Ga. 436 ( 150 S.E.2d 618); Norbo Trading Corp. v. Wohlmuth, 223 Ga. 258 ( 154 S.E.2d 224).
Appeal dismissed. Pannell and Deen, JJ., concur.