dissenting.
The notice of appeal in this case is from "the court’s order and judgment” with no description whatever as to said order and judgment.
The enumerations of error contend that the court erred when it granted "motion for direct [sic] verdict.” Thus, there is no appeal from a final judgment in this case.
Code Ann. § 6-802 provides that appeals shall state, "a concise statement of the judgment, ruling, or order entitling the appellant to take an appeal.” This statute was not complied with by appellant.
Code Ann. § 6-809 (d) provides that appeal shall not be dismissed "where it is apparent from the notice of appeal, the record, the enumeration of errors, or any combination of the foregoing, what judgment or judgments were appealed from or what errors are sought to be asserted upon appeal.” Applying this statute, the enumeration of errors therefore makes it plain that only the motion for directed verdict is appealed from, and that no final judgment entered thereon is appealed from.
In Williams v. Keebler, 222 Ga. 437, 438 (150 SE2d 674), it is held that "a verdict is not an 'appealable decision or judgment’ within the purview of the Appellate Practice Act.”
In Hurst v. Starr, 226 Ga. 42 (172 SE2d 604), it is held that where the notice of appeal is as to the sustaining of a motion for directed verdict without appealing from the subsequent judgment, the motion to dismiss must be sustained. To the same effect, also see Smith v. Sorrough, 226 Ga. 744 (177 SE2d 246).
In Gibson v. Hodges, 221 Ga. 779 (147 SE2d 329), at *931page 782 (2), it is held that: "... a judgment must be entered before an appeal is taken is a rule of reason which has long existed."
In Ballew v. State, 225 Ga. 547 (170 SE2d 242), an appeal is dismissed because the notice of appeal does not set forth "a concise statement of the judgment, ruling or order entitling the appellant to take an appeal.”
From all of the foregoing, it is quite clear that the appeal should be dismissed. I also fully concur in the dissent by Presiding Judge Deen.