concurring specially. I concur in the opinion and in the judgment of affirmance.
1. I agree to Headnote 1 because there is no merit in the assignments of error considered therein, based upon the dismissal of the motion for new trial.
The trial judge, in his final order on the motion for new trial, which, incidentally, is based on the general grounds only, stated that the motion had been several times continued and that the defendant Denham having failed to appear, either in person or through counsel, and having failed to furnish a transcript of the evidence and the proceedings "the same is, hereby dismissed and overruled.” The Supreme Court has held in Hopkins v. Jackson, 147 Ga. 821 (2) (95 SE 675); and Cross v. State, 150 Ga. 786 (1) (105 SE 307) (the latter being a full bench decision), that a trial judge may not dismiss a motion for new trial, and then in the same order or a different order, overrule the same on its merits. In both of these cases it was held that the attempt to resurrect the motion and rule on its merits after its dismissal is an absolute nullity since the court lost jurisdiction in dismissing the same. There has been no showing through evidence or otherwise, as to the correctness or incorrectness of the dismissal, and indeed counsel does not even argue the question here but argues the assignments of error in the motion which has been dismissed. Thus, no *578error is shown as to the order dismissing the motion for lack of prosecution where it had been clearly set down for a hearing at a definite time and place with no appearance by the movant.
Thus each and every complaint contained in the motion for new trial has become the law of the case, final and binding on the parties, where the motion for new trial was properly dismissed and the judgment thereon has not been set aside. See Hill v. Willis, 224 Ga. 263 (4) (161 SE2d 281); Tiller v. State, 224 Ga. 645 (164 SE2d 137); Staggers v. State, 224 Ga. 839 (165 SE2d 300); Styles v. State, 225 Ga. 731 (1) (171 SE2d 310).
How stand the assignments of error that (1) the court erred in rendering a judgment on the verdict; and (2) the court erred in overruling the general grounds of the motion for new trial? The proper dismissal of the motion for new trial rendered any ruling on the motion a mere nullity. Likewise, the dismissal of the motion was a final order which is binding upon the parties as to all matters put in issue by the motion. Therefore none of the errors enumerated as to these matters is meritorious.
2. It is noted that there is a dissent to the majority ruling in Headnote 4 and Division 4, wherein we held that the evidence submitted by an expert (an attorney) as to the value of attorneys fees authorized the award of $7,500 attorneys fees, and we cite Reserve Life Ins. Co. v. Ayers, 217 Ga. 206 (2) (121 SE2d 649).
The dissent is premised on the theory that the attorney who testified allowed a part of the $10,000 attorneys fees to which he was testifying to be made up of "additional problems in addition to the trial of this case.” The dissent quotes from the evidence adduced in direct examination of the witness, but completely overlooks the cross examination of this same witness which clearly shows the witness testified that in his opinion the work that had already been done was worth $10,000.
We quote from page 95 of the transcript, as follows, to wit: "Q. How many hours then, in your opinion, George, would you think that it took Mr. Jesse Bowles to prepare the pleadings and depositions? A. I figure about a total of eight days. Q. Eight days. That would be roughly then ninety-six hours. Eight by twelve. A. I wouldn’t say that many. More like between fifty and sixty hours maybe. Q. Well, if it was fifty hours then and you say that . . . *579that the reasonable amount of attorney’s fees would be ten thousand dollars, then you say in relation to hours spent would be roughly two hundred dollars an hour. Is that correct? A. If you are just going to figure on a per hour basis that would be correct. Yes, sir.” Thus, the witness clearly testified in his opinion 50 hours work had already been done which he computed at $200 per hour, and which would amount to a total of $10,000. The attorneys fee awarded was only $7,500.
The jury was at liberty to believe part of what this witness testified, and disbelieve other parts. It could believe what was testified to on cross examination and disbelieve what was testified to on direct examination. See Adams v. Adams, 218 Ga. 67 (4) (126 SE2d 769); Powell v. Blackstock, 64 Ga. App. 442 (5) (13 SE2d 503).
Of course, where a verdict and judgment receive the approval of the trial court, the testimony must be construed most strongly in support of that verdict. Wren v. State, 57 Ga. App. 641, 644 (196 SE 146); Stapleton v. Amerson, 96 Ga. App. 471 (5) (100 SE2d 628); Boatright v. Rich’s, 121 Ga. App. 121 (173 SE2d 232); Southern R. Co. v. Brock, 132 Ga. 858, 862 (64 SE 1083).
But the excessiveness of the verdict must be set aside by attack thereon in the general grounds of a motion for new trial or upon the judgment on the verdict. Roddenberry Hardware Co. v. Merritt, 17 Ga. App. 425 (4) (87 SE 681); Cowart v. McLarin, 87 Ga. App. 253 (73 SE2d 507); Tallent v. McKelvey, 105 Ga. App. 660, 662 (125 SE2d 65), and cases cited therein. While the jury’s finding on the award of attorney’s fee was based on sufficient evidence, yet for the same reasons as given in Division 1 above, the defendant having suffered a judgment against him as to the dismissal of his motion for new trial which stands unreversed, he could not obtain another review of this question. Accordingly, the complaint of error in the judgment as being excessive is also without merit.