On Motion for Rehearing.
By motion for rehearing the appellant insists that, since the appellee filed the motions for new trial and for judgment not*438withstanding the verdict, the cases cited in the opinion are not applicable. It is urged that.if the present ruling is adhered to then one party could file a motion for new trial or motion for judgment notwithstanding the verdict, allow the motion to remain pending until the time for appeal from the judgment by the opposite party had expired and then dismiss the motion, leaving the opposite party with no judgment from which appeal might be taken.
This would not be true since under the Appellate Practice Act the time for filing a notice of appeal is, in effect, tolled pending such motion. Code Ann. § 6-803 (Ga. L. 1965, pp. 18, 21; Ga. L. 1966, pp. 493, 496). When the pending motion was either dismissed or otherwise disposed of, then a party would have 30 days from that time in which to file the notice of appeal.
Motion denied.