Opinion
44299.
ARGUED MARCH 4, 1969.
DECIDED MAY 29, 1969.
Appellate procedure. White Superior Court. Before Judge Blackshear.
Nall, Miller, Cadenhead Dennis, Dennis J. Webb, for appellants.
Telford, Wayne Stewart, David G. Mercer, for appellee.
Because of the failure of the jury to agree on a verdict, the trial of this suit resulted in a mistrial. There is no final judgment in the case. Defendants took this appeal from the decision of the trial court denying their motion for a directed verdict. This is not a judgment or decision from which an appeal may be taken because (1) the case is still pending in the court below; (2) the record contains no certificate of the trial judge certifying that the decision appealed from is of such importance to the case that immediate review should be had; and (3) it is not one of those specifically described judgments from which appeal is permitted by Sub-paragraph 3 of Section 1 (a) of the Appellate Practice Act, Ga. L. 1965, p. 18, as amended by Ga. L. 1968, pp. 1072, 1073 ( Code Ann. § 6-701 (a)). Babb v. International Shoe Co., 118 Ga. App. 346 ( 163 S.E.2d 893); Rockmart Finance Co. v. High, 118 Ga. App. 351 ( 163 S.E.2d 758); State Hwy. Dept. v. Rosenfeld, 118 Ga. App. 524 ( 164 S.E.2d 259).
Appeal dismissed. Bell, P. J., Eberhardt and Deen, JJ., concur.