PUGH v. FRANK JACKSON &c. MERCURY

58257.

151 Ga. App. 320 (1979)

259 S.E.2d 711

PUGH v. FRANK JACKSON LINCOLN-MERCURY, INC.

Court of Appeals of Georgia.

Decided September 12, 1979.


Attorney(s) appearing for the Case

W. A. Dinges, for appellant.

Warren W. Wills, Jr., Nicholas C. Moraitakis, for appellee.


QUILLIAN, Presiding Judge.

The defendant appeals from an order dismissing its counterclaim. Held:

1. The plaintiff, appellee, contends that the dismissal of a counterclaim is not appealable without complying with Code Ann. § 6-701 (a) 2 (Ga. L. 1965, p. 18; as amended through Ga. L. 1975, pp. 757, 758). However, 3 days after the order on the counterclaim the plaintiff dismissed the complaint. Hence, the cause is no longer pending in the court below...

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