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BRANAN & SCHMITZ REALTY, INC. v. ELLIS

49740.

133 Ga. App. 224 (1974)

211 S.E.2d 173

BRANAN & SCHMITZ REALTY, INC. v. ELLIS.

Court of Appeals of Georgia.

Decided November 6, 1974.

Attorney(s) appearing for the Case

Moffett, Henderson, Jones & Barnwell, Taylor W. Jones, Walter N. Adams, for appellant.

Davis, Matthews & Quigley, L. Brown Bivens, for appellee.

QUILLIAN, Judge.

Where as in the case sub judice the defendant's counterclaim is still pending in the trial court, an appeal complaining of the granting of a judgment on the pleadings for the defendant in the main complaint is not a final judgment. Without a proper certificate from the trial judge, the appeal is therefore premature. Brown v. Elliott, 115 Ga.App. 89, 90 (

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