Hubert v. Lawson

Full title: HUBERT v. LAWSON et al

Court: Court of Appeals of Georgia

Date published: Jun 15, 1977

237 S.E.2d 18 (Ga. Ct. App. 1977)

142 Ga. App. 573

Opinion

54039.

ARGUED JUNE 6, 1977.

DECIDED JUNE 15, 1977.

Action on note. Fulton State Court. Before Judge Wright.

J. Don Jones, for appellant.

Nagle Johnston, Howard H. Johnston, Hugh H. Summer, Noah Stone, for appellees.

DEEN, Presiding Judge.

Where the defendant's counterclaim is still pending in the trial court, an appeal from an order dismissing the complaint against such defendant is not a final judgment. Branan Schmitz Realty v. Ellis, 133 Ga. App. 224 ( 211 S.E.2d 173).

Appeal dismissed. Webb and Marshall, JJ., concur.

ARGUED JUNE 6, 1977 — DECIDED JUNE 15, 1977.