WHISENHUNT v. ALLEN PARKER CO.

44304.

119 Ga. App. 813 (1969)

168 S.E.2d 827

WHISENHUNT, Administrator v. ALLEN PARKER COMPANY.

Court of Appeals of Georgia.

Decided June 18, 1969.


Attorney(s) appearing for the Case

Louis Saul, Oliver Mixon, for appellant.

Sanders, Hester, Holley, Ashmore & Boozer, Thomas R. Burnside, Jr., Richard A. Slaby, for appellee.


QUILLIAN, Judge.

1. The appellee moves to dismiss the appeal on the ground that it is premature since a counterclaim is still undisposed of.

It is true that ordinarily an appeal is premature where the case remains pending. However, the Civil Practice Act now provides with regard to summary judgments: "An order granting summary judgment on any issue, or as to any party, shall be subject to review by appeal." Code Ann. § 81A-156 (h) (Ga. L. 1966...

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