Opinion
54845.
ARGUED NOVEMBER 8, 1977.
DECIDED JANUARY 27, 1978.
Action for damages. Worth Superior Court. Before Judge Gray.
J. Wayne Parrish, for appellant.
Black Black, Eugene C. Black, Jr., W. Emory Walters, Rick E. Ellis, for appellee.
Appeal was taken from the grant of defendant's motion to dismiss the plaintiff's claim. The defendant had filed a counterclaim which had not been ruled upon prior to the transmittal of the appeal to this court. Held:
There being no compliance with Code Ann. § 6-701 (a) 2 (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073), or CPA § 54 (b) (Code Ann. § 81A-154 (b) (Ga. L. 1966, pp. 609, 658; 1976, pp. 1047, 1049, eff. Sept. 6, 1976)), the instant appeal, brought before final judgment and while a counterclaim was pending, is premature. Roach-Russell, Inc. v. A. B. R. Metals c. Inc., 138 Ga. App. 653 ( 227 S.E.2d 75).
Appeal dismissed. Shulman and Banke, JJ., concur.