Georgia Court of Appeals, 1973

Campbell v. George

Campbell v. George
Georgia Court of Appeals · Decided September 14, 1973 · Quillian, Bell, Deen
200 S.E.2d 503; 129 Ga. App. 644; 1973 Ga. App. LEXIS 1092 (South Eastern Reporter, Second Series)

Campbell v. George

Opinion

Quillian, Judge.

Where as in the case sub judice there is no express determination that there is no just reason for delay nor an express direction for the entry of judgment under Section 54 (b) of the Civil Practice Act (Code Ann. § 81A-154 (b); Ga. L. 1966, pp. 609, 658), nor is there a certificate for immediate review under Section 1 (a) (2) of the Appellate Practice Act (Code Ann. §6-701 (a2); Ga.L. 1965, p. 18; 1968, pp. 1072, 1073), an appeal from an order dismissing the plaintiffs claim is premature when there is a counterclaim pending in the court below. Butler Auction Co. v. Hosch, 119 Ga. App. 562 (167 SE2d 684); O'Kelley v. Evans, 223 Ga. 512, 513 (156 SE2d 450).

Appeal dismissed.

Bell, C. J., and Deen, J., concur.

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