Branan Schmitz Realty, Inc. v. Ellis

Full title: BRANAN SCHMITZ REALTY, INC. v. ELLIS

Court: Court of Appeals of Georgia

Date published: Nov 6, 1974

133 Ga. App. 224 (Ga. Ct. App. 1974)

211 S.E.2d 173

Opinion

49740.

SUBMITTED OCTOBER 7, 1974.

DECIDED NOVEMBER 6, 1974.

Appellate procedure. Fulton Civil Court. Before Judge Wright.

Moffett, Henderson, Jones Barnwell, Taylor W. Jones, Walter N. Adams, for appellant.

Davis, Matthews Quigley, L. Brown Bivens, for appellee.

QUILLIAN, Judge.

Where as in the case sub judice the defendant's counterclaim is still pending in the trial court, an appeal complaining of the granting of a judgment on the pleadings for the defendant in the main complaint is not a final judgment. Without a proper certificate from the trial judge, the appeal is therefore premature. Brown v. Elliott, 115 Ga. App. 89, 90 ( 153 S.E.2d 665); Conte Enterprises v. Romax Const. Co., 128 Ga. App. 121 ( 195 S.E.2d 798); O'Kelley v. Evans, 223 Ga. 512 ( 156 S.E.2d 450).

Appeal dismissed. Bell, C. J., and Clark, J., concur.

SUBMITTED OCTOBER 7, 1974 — DECIDED NOVEMBER 6, 1974.