Ansaldi v. Dexter

Full title: ANSALDI et al. v. DEXTER et al

Court: Court of Appeals of Georgia

Date published: Apr 4, 1978

244 S.E.2d 98 (Ga. Ct. App. 1978)

145 Ga. App. 557

Opinion

55125.

ARGUED JANUARY 18, 1978.

DECIDED APRIL 4, 1978.

Damages, etc. DeKalb Superior Court. Before Judge Broome.

William T. Brooks, S. George Handelsman, for appellants.

N. Forrest Montet, David M. Leonard, for appellees.

BIRDSONG, Judge.

Where the defendants' counterclaim is still pending in the trial court, an order of that court dismissing the main complaint against such defendants is not directly appealable. Code Ann. § 6-701 (a) (1); Hubert v. Lawson, 142 Ga. App. 573 ( 237 S.E.2d 18). Absent proper certification from the trial judge, accompanied by an application for immediate review, the appeal is not subject to review by this court and is therefore premature. Code Ann. § 6-701 (a) (2); Branan Schmitz Realty v. Ellis, 133 Ga. App. 224 ( 211 S.E.2d 173).

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

BIRDSONG, Judge.

ARGUED JANUARY 18, 1978 — DECIDED APRIL 4, 1978.